[1] Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 19.12.2011. It is also submitted by learned advocate for the applicant that the other accused were released on bail by this Court therefore, the present applicant may be released on bail.
[2] Heard learned APP for the respondent - State.
[3] It is submitted by Mr.Majmudar, learned advocate for respondent - original complainant that this Court has passed order in Criminal Misc. Application No.941 of 2012 that if trial is not completed within four months, the applicant is at liberty to approach this Court. It is submitted that four months are not over and before completion of four months, applicant has approached this Court. It is also submitted that trial has prolonged as applicant accused asked for time on several reasons. Therefore, it is requested to dismiss the application.
[4] Heard learned advocates for the respective parties. Considering the fact that the injured person is discharged from the hospital and his condition is good and the present applicant is in jail since 19.12.2011 coupled with the fact that charge sheet is filed, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-163 of 2011 of Gotri Road, Vadodara Police Station, District Vadodara for the offences punishable under sections 307, 325, 324, 323, 114 and 120(B) of the Indian Penal Code, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for six months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
[5] If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
[6] At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
[7] Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
[M.D.Shah, J.] satish Top