1. The applicant accused has been arrested in connection with CR No.I-21 of 2012 registered with Borsad Rural police station for the offences punishable under Sections 143, 147, 148, 149, 307, 435, 428, 337, 323,324 read with Section 25(1)(B) of the Arms Act and Section 135 of the Bombay Police Act.
2. It is the case of the prosecution that a phone call was received from village Napa that near Panchayat office of village Napa, people of village Napa Talpad and people of Napa Vata had scuffle and that resulted into pelting of stones as also injuring some of the persons on both the sides. It is also further urged that the present applicant had instigated the people of village Napa Talpad.
3. It is urged by learned advocate Mr.Dagli appearing for the applicant that chargesheet has already been filed and 11 accused have already been enlarged on bail. Applicant had no weapon in his hand and there are no criminal antecedents.
4. Ms.C.M.Shah, learned Additional Public Prosecutor has pointed out that at his insistence people of village Napa Talpad had gathered and thus he instigated the people to commit the offence. However, the factum is not in challenge. There is no recovery or discovery at his instance and the injured person also had been discharged long ago. Chargesheet already has been filed and many other accused have already been enlarged on bail. Thus having considers these submissions, this Court is inclined to exercise the discretionary power in favour of the applicant, who has no criminal antecedents and this appears prima facie to be the incident on account of the psyche of the mob, which resulted into both the sides injuring each other with the pelting of stones thereby commissions of some of the offences. The purpose would be subserved if the applicant, who is in jail and claiming enlargement on the ground of parity, be enlarged with some stricter conditions.
5. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR No.I-21 of 2012 registered with Borsad Rural police station, on executing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(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 leave India without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned police station on the 5th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(f) shall not enter the village Napa Talpad and Napa Vata till the trial of this case is over.
(g) 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;
6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
7. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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 applicant on bail.
12. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Ms.Sonia Gokani, J.) sudhir Top