Rule.
Learned APP waives service of Rule.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I-25 of 2012 with Tharad police station for the offences punishable under Sections 307, 323, 324, 504, 506(2) and 114 of the Indian Penal Code and Section 25(1) of the Arms Act.
Heard learned counsel for the parties and perused the record and the charge sheet filed in the case.
Learned counsel for the applicants submits that the investigation is over and charge sheet is filed. Considering the nature of injuries as certified by the Medical Officer in the injury certificate issued by him, he has prayed that this application for bail may kindly be considered.
The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
In the facts and circumstances of the case and considering the role attributed to the applicants and the nature of injuries as certified by the Medical Officer in the injury certificate issued by him, coupled with other attending circumstances and version of the complainant vis-a-vis offence under Section 307 of the Indian Penal Code, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
The parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with first information report registered at C.R.No.I-25 of 2012 with Tharad police station on their executing a bond of Rs.5,000/- (Rupees five thousand only) each with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that they shall i. not take undue advantage of their liberty or misuse their liberty;
not act in a manner injuries to the interest of the prosecution;
surrender their passports, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
mark their presence at the concerned police station on the first Sunday of every month between 10 a.m. And 3 p.m for six months only.
furnish the present address of their residence to the I.O. 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;
The Authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Anant S. Dave, J.) (swamy) Top