The present application has been filed by the applicants-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet.
The applicants-accused are charged with having committed offences under Sections 147, 148, 149, 326, 332, 333, 337 and 427 of the Indian Penal Code, under Sections 3 and 7 of the Public Property Damage Act and under Section 135 of the Bombay Police Act, for which, FIR being I-C.R.No.86/2010 has been lodged at Vagdod Police Station.
Learned Senior Counsel, Mr.Y.S. Lakhani appearing for M/s.S.G. Associates for the applicants submitted that the incident is of stone pelting and in fact, offence under Section 307 of the Indian Penal Code has been deleted and it is now confined to only under Section 326 of the Indian Penal Code as one police personnel has received grievous injury in the eye and other injuries are simple injuries. He, therefore, submitted that considering the fact that there are no antecedents and the chargesheet has been filed, the present application may be allowed.
Learned A.P.P., Ms.Nair resisted the present application and submitted that some of the accused i.e. accused nos.6, 8 and 14 are alleged to have caused injuries to the Police. Therefore, the present application may not be entertained.
Learned counsel, Mr.D.M. Dodiya appearing for the original complainant has submitted that nature of offence and manner in which it is alleged to have been committed may be considered. Alternatively, it was submitted that some conditions may be imposed that they may not be allowed to enter into the village.
Having heard learned senior counsel, Mr.Y.S. Lakhani appearing for the applicant-accused, learned A.P.P., Ms.Nair for the State and learned counsel, Mr.D.M. Dodia for the original complainant and having considered the nature of offence, manner in which it is alleged to have been committed, role attributed as well as the fact that the chargesheet has now been filed, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicants are ordered to be released on regular bail in connection with I-C.R.No.86/2010 registered with Vagdod Police Station on their executing a bond of Rs.5,000/- (Rupees Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
(a) not take undue advantage of their liberty or abuse their liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of the Court.
(f) surrender their passport, if any, to the lower Court, within a week.
(g) mark their presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top