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-20 of 2011 registered with Prabhas Patan Police Station, for the offence punishable under Sections 323, 324, 325, 326, 506(2) read with Sec.114 of IPC and Sec.135 of B.P.Act.
Heard learned Senior Counsel, Mr.P.M.Thakker for Mr.A.M.Dagli for the applicants, learned APP, Mrs.Krina Calla for the respondent No.1-State and learned Senior Counsel, Mr.N.D.Nanavaty for Mr.Ritesh Padhya and Mr.Rituraj Nanavati for the original complainant.
Learned Senior Counsel, Mr.P.M.Thakker, for the applicants submits that both complainant and the injured witness came to be discharged from the hospital after preliminary treatment. It is also submitted that other co-accused were released on bail by this Court vide order dated 19-4-2011 passed in Cri.Misc.Appln.No.4702 of 2011 and hence, on the ground of parity, the applicants may be enlarged on bail even on parity.
It is however submitted by learned Senior Counsel, Mr.N.D.Nanavaty for the original complainant that the applicants may not be released till the charge sheet is filed and if the Court thinks it fit to release them on bail, harsh conditions be imposed.
It is noted that the complainant and injured witness were discharged from the hospital since long. It is also noted that other two co-accused were released on bail by this Court vide order dated 19-4-2011 passed in Cri.Misc.Appln.No.4702 of 2011 and hence, I find this is a fit case for granting bail on parity.
Under the circumstances, the applicants are ordered to be released on bail in connection with C.R. No.I-20 of 2011 with Prabhas Patan Police Station, Junagadh, on their furnishing bond of Rs. 5000/-(Rupees Five Thousand) each with one surety of like amount to the satisfaction of the lower Court and subject to following conditions :
1) not take undue advantage of their liberty or abuse their liberty;
2) not act in a manner injurious to the interest of the prosecution;
3) maintain law and order;
4) mark their presence before the concerned Police Station on every 1st and 15th day of English Calendar month between 11:00 am to 2:00 pm;
5) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
6) will not enter the city and district limits of Junagadh for the period of four months except for marking presence and attending trial;
7) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
8) surrender their 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.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.
[M.D.SHAH,J.] radhan Top