Rule.
Mr.Nanavati, learned APP appears and waives service of notice of rule for respondent - State.
The instant application is filed by the applicant - lady accused seeking regular bail u/s.439 of the Code of Criminal Procedure in connection with Rajula police station C.R.No.I - 53 of 2012 pertaining to the offences punishable u/ss.306, 504 and 114 of the IPC.
Mr.Devang Nanavati, learned advocate for the applicant submitted that considering the FIR and especially the role attributed to the lady accused and more particularly considering the overall appreciation of this matter, the application may be allowed.
It is further submitted that the co-accused, namely, Bhanubhai Desai and Snehaben Rajeshbhai Desai are already released on bail.
Heard Mr.Nanavati, learned APP for the respondent - State.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the lady accused in the FIR as well as considering the fact that the two co-accused, whose role was almost similar to the role attributed to the present applicant - lady accused, have been released on bail, this Court is of the opinion that the application deserves to be granted.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Rajula police station C.R.No.I - 53 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 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) furnish the present address of 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 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 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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 applicant on bail.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.)(binoy) Top