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Juvansinh vs State

High Court Of Gujarat|27 March, 2012

JUDGMENT / ORDER

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.18/2012 with Lakhtar Police Station, Surendranagar for the offences punishable under Sections 365, 392, 427, 504 and 506 of the Indian Penal Code.
Learned Counsel appearing for the applicants submits that it is a magistrate triable case and considering the role attributed to the present applicants and the manner in which the incident is alleged to have occurred, by imposing suitable conditions, the applicants may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, this application is allowed and the applicants are ordered to be released on bail in connection with First Information Report registered as I-C.R. No.18/2012 with Lakhtar Police Station, Surendranagar, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) EACH with one solvent 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 misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender their passports, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station every fortnight till the chargesheet is filed;
g) furnish the present address of their 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;
h) not enter within the limits of Wadhwan for three months, except, for the purpose of attending the trial or marking presence.
The applicants shall provide details of their new residential address alongwith documentary evidence to the Investigating Officer.
The authorities will release the applicants 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 applicants on bail.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top
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Title

Juvansinh vs State

Court

High Court Of Gujarat

JudgmentDate
27 March, 2012