By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-02 of 2012 registered with Borsad Town Police Station, for the offence punishable under Sections 307, 325, 324 and 34 of IPC.
Heard learned counsel for the applicants and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned counsel for the applicants that the accused caused injury with stick on the head and injured has already been discharged from the hospital and is in good health. It is further submitted that the charge sheet is filed and accused is in jail since 9-1-2012.
In the facts and circumstances of the case, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-02 of 2012 registered with Borsad Town Police Station for the offence alleged against them in this application on their executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent each surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall -
a) not take undue advantage of liberty or abuse liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of residence to the Investigating Officer and also to the Court with documentary proof 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 within a week.
If the breach of any of the above conditions is committed, the concerned Court 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. Direct service is permitted.
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 applicants on bail.
[M.D.SHAH,J.] radhan Top