By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-43 of 2011 registered with Detroj Police Station, for the offence punishable under Sections 302, 147, 148 149, 323, 324, 504, 506 and 34 of the Indian Penal Code.
Heard Mr.A.M.Dagli, learned counsel for the applicants and Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State.
At the end of arguments, learned counsel, Mr.Dagli does not press this application qua applicant Nos.1,2 and 4 are concerned. Hence, this application stands disposed of as not pressed qua applicant Nos.1,2 and 4.
As far as applicant No.3 is concerned, it is submitted by Mr.Dagli that he is suffering from cancer.
Therefore, though the applicant No.3 is involved in the crime but only considering the fact that he is suffering from cancer, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant No.3 on bail.
Hence, the applicant No.3 is ordered to be released on bail in connection with CR No.I-43 of 2011 registered with Detroj Police Station, for the offence alleged against him in this application on his executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall-
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute qua applicant No.3. Rule is discharged qua applicant Nos.1, 2 and 4. Direct service is permitted.
Considering the fact that the charge sheet is filed and some of the accused are in judicial custody, if any application for expeditious hearing of the Sessions Case is filed by the accused, learned Principal District Judge, if sessions Judges are available and possible, will pass necessary order for expeditious hearing.
[M.D.SHAH,J.] radhan Top