1. On 16.1.2012, this Court has permitted the learned advocate for the applicants to delete applicant No.2 from the array of parties and therefore, the matter survives for applicant No.1 only.
2. Rule.
Learned APP, Mr.H.L. Jani waives service of notice of Rule on behalf of respondent - State.
3. By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-22 of 2011 registered with Jafrabad Police Station for the offence punishable under Sections 498A, 306 and 114 of the Indian Penal Code.
4. Heard learned counsel, Mr.Alpesh Dodiya for Mr.S. C. Patel, learned counsel for the applicant and Mr.H.L.Jani, learned Additional Public Prosecutor for respondent-State.
5. Mr.Dodiya, learned counsel for the applicant submitted that applicant herein is the father in law of the deceased and has wrongly been involved in the present offence. He further submitted that there is no direct evidence against the present applicant. From bare perusal of the FIR, there appears no role attributed to the applicant. The applicant is aged about 65 years. The ingredients of abatement, provocation and instigation are not established against the applicant. He, therefore, contended that looking to the facts of the case and overall circumstances, applicant may kindly be released on bail.
6. Mr.Jani, learned Additional Public Prosecutor, read the police papers and order of the learned trial Court and vehemently opposed the present application.
7. Having regard to the facts and circumstances of the case, the nature of offence, the role attributed to the accused-applicant and the fact that the investigation is over and charge-sheet is filed, I am inclined to exercise my discretion in favour of the accused-applicant.
8. Hence, the applicant is ordered to be released on bail in connection with CR No.I-22 of 2011 registered with Jafrabad Police Station, for the offence alleged against him in this application on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his 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 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) surrender his passport, if any, to the lower Court within a week.
9. 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.
10. 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 to the aforesaid extent. Direct service is permitted.
(Z.
K. SAIYED, J. ) (vipul) Top