By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-98 of 2011 registered with Bhimasar Police Station, for the offence punishable under Section 302(which was subsequently deleted) and Secs.306 and 323 (which were added later on) of the Indian Penal Code.
Heard learned Senior Counsel, Mr.P.M.Thakker for Mr.A.M.Dagli for the applicant, Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State and learned advocate, Mr.B.Y.Mankad for the original complainant.
Learned Senior Counsel, Mr.P.M.Thakker for the applicant, has contended that charge sheet is filed for the offence punishable under Sec.306 of IPC. According to him, the allegation against the applicant is that due to constant torture committed by the present applicant accused, the deceased committed suicide by consuming acid. It is further submitted that the applicant is in judicial custody since 22-10-2011.
Mrs.Krina Calla, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence. Even prima-facie case is made out against the applicant.
It is however vehemently contended by learned advocate, Mr.B.Y.Mankad that police has submitted report of offence under Sec.302 of IPC before the trial court and Court has passed order to keep the said report along with papers of charge sheet. In view of the above, it is requested that the applicant may not be enlarged on bail.
This Court has gone through the charge sheet papers including the post mortem note. As per the post mortem note in column No.17, only four simple injuries were found on the body of the deceased and the cause of death is stated to be presence of acid in the stomach. As far as administering of acid on the deceased is concerned, as per the expert report, nothing was found from the cloth or from the body of the deceased to show that acid was administered on the deceased. It also transpires from the police papers that deceased was in an open room(which is of her normal residence) from where the deceased can easily move. It is alleged that the deceased has committed theft of Rs.25,00,000/- and because of that, she was being tortured by the applicant and so, she committed suicide. As far as this allegation is concerned, it is worth noting that said amount was not recovered from the deceased.
In view of the above, in the opinion of this Court, considering the ingredients of Sec.107 of IPC and considering the manner in which the incident took place and as amount of Rs.25,00,000/- is not recovered from the deceased and now the charge-sheet is filed, 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 on bail by imposing strict conditions.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-98 of 2011 registered with Bhimasar Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive 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) not to enter the limit of Padamur Village for one year without prior permission of the Court but for attending the court in connection with the case and for marking presence, he shall be free to enter and shall leave the limits immediately thereafter;
g) mark presence before the concerned Police Station twice in a month more particularly on 1st and 10th of month between 10.00 a.m. and 2.00 p.m. for six months;
h) 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;
i) 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. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Further order After pronouncement of the above order, learned advocate, Mr.B.Y.Mankad, for the original complainant requested this Court to stay operation of the aforesaid order for a period of four weeks. Considering the facts and circumstances of the case, request is rejected.
[M.D.SHAH,J.] radhan Top