1. Rule.
Mr.
R.C.Kodekar, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Khambhalia Police Station CR No. I - 98 of 2012 regarding offences punishable under section 307 read with section 114 of the Indian Penal Code and section 135(1) of the G.P. Act.
3. Mr.
H.L.Dattani, learned counsel for the applicant, at the outset, took me through the FIR and submitted that two co-accused persons have been released on regular bail by the Sessions Court. He further submitted that the injured is now discharged from the hospital and his treatment is already over.
4. Mr.
R. C. Kodekar, learned APP for the respondent-State opposed this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant in the FIR and considering the order of the Sessions Court releasing two co-accused on regular bail, and also considering the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
6. Learned counsel for the parties do not press for further reasoned order.
7. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at CR No. I - 98 of 2012 with Khambhalia Police Station, 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 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 residence to the I.O. 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;
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(J.C.Upadhyaya, J.) cmj/ Top