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 06.06.2011.
Heard learned APP for the respondent - State.
On going through the papers, it seems that this is a case of circumstantial evidence and there is no eye witness to this incident. It also seems that only on the basis of the statement of co-accused, the present applicant is involved in the crime. As far as witnesses Pundlik and Gyaneshwar are concerned, their evidence is hear-say evidence. It is very difficult to believe at this stage that the accused himself disclosed this fact before this witness that by giving supari to the other accused persons, the deceased was killed by him. There is direct evidence. Further, it is also stated by Urmilaben that the deceased was in habit of consuming alcohol and many times he did not return home.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-94 of 2011 of Pandesara Police Station, District Surat for the offences punishable under sections 302, 120-B, 34 and 188 of the Indian Penal Code, on furnishing bond of Rs.25,000/- (Rupees twenty five 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 one year;
[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.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
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.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top