Learned advocate Mr. H.S. Tolia does not pressed this application qua the applicant no.1.
This application has been preferred under Section 439 of CrPC by both the applicants ie., applicants no.2 & 3 who are under-trial prisoners in connection with F.I.R. being I-C.R. No.191/2012 registered with Pradhyumannagar Police Station, District Rajkot for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 504, 506(2) of IPC and Section 37(1) & 135 of the Bombay Police Act.
Learned advocate Mr. Tolia appearing for the applicants has urged that the applicants and victims are the relatives and neighbours and as there are cross-complaints and the accused persons in the cross-complaint have already been enlarged on bail, and the matter which gave rise to this incident has now been amicably settled by the family members. He further urged that these applicants are in jail. According to him, the applicants are having permanently abode at Rajkot.
Learned APP Shri M.G. Nanavati urges that the investigation is already over and he does not dispute other submissions made by the learned advocate for the applicant.
Considering the submissions as also the nature of crime and the respective roles attributed to these accused and the fact that the victim has already been discharged from the hospital and is back to his normal routine, from the overall consideration, these persons are required to be enlarged on regular bail on their furnishing personal bond of Rs.20,000/- (Rupees Twenty Thousand Only) each with one surety of like amount to the satisfaction of the trial court and subject to the conditions that they;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not to leave Gujarat & India without prior permission of the Sessions Judge concerned;
(e) mark present at the concerned police station on 20th day of English Calender month between 11:00 a.m. and 3:00 p.m.;
(f) furnish the present address of 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;
The jail authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be at liberty 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.
For modification and/or deletion of any of the conditions herein above, the applicants will be at liberty to approach the concerned Court and such Court shall decide the applicants for modification and/or deletion of any of the conditions of this order in accordance with law.
Rule is made absolute qua applicant no. 2 & 3. Rule is discharged qua applicant no. 1. Direct service is permitted.
(Ms.
Sonia Gokani, J.) abv/pt* Top