This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.83/2012 with Una Police Station, Junagadh for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 326 and 302 of the Indian Penal Code, under Section 135 of the Gujarat Police Act and under Section 3(2)5 of the Prevention of the Atrocities Act.
Learned Counsel appearing for the applicant submits that the chargesheet is filed. It is further submitted that there are change of circumstances namely that one of the co-accused (Doulbhai Jivabhai Gohil) having a substantially similar role is enlarged on bail by the Co-ordinate Bench of this Court (Coram: A.J. Desai, J.) vide order dated 30.07.2013 passed in Criminal Miscellaneous Application No.10027/2013. Considering the above aspect and on the ground of parity, it is submitted that the applicant may be enlarged on bail.
Heard learned APP Ms. Krina Calla for the respondent-State.
Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.83/2012 with Una Police Station, Junagadh, 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 his passport, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present 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;
g) not enter within the jurisdiction / limits of the concerned Police Station for three months, except, for the purpose of attending the trial or marking presence.
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 Sessions Judge 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.
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. Direct Service is permitted.
(ANANT S. DAVE, J.) CAROLINE Page 4 of 4