The present application has been filed by the applicant for grant of regular bail under sec. 439 of the Code of Criminal Procedure as the applicant-accused has been arrested in connection with offences under sections 279, 304(A), 120B, 302, 201 and 114 of IPC and Sec. 177 and 184 of M.V. Act for which FIR, being C.R. No. I-168/2011, has been registered with Mahemdavad Police Station.
Heard learned counsel Mr. Kamal Sojitra for the applicant and learned APP MrL.B.Dabhi.
Learned counsel Mr.Kamal Sojhitra referred to the papers and submitted that considering the role attributed, admittedly the applicant has not played any role so far as the offence under sec. 302 is concerned. It is further submitted that the charge sheet is filed and the applicant is in jail since 30-9-2011. It is further submitted that other co-accused has been released on bail by this Court (Coram: Rajesh H.Shukla,J.) vide order dated 3-2-2012 passed in Cri.Misc.Appln.No.844 of 2012 and hence, the applicant be released on parity.
Learned APP Mr.Dabhi resisted the application and submitted that he has abetted and in any case he could be said to have been involved for offence under sec. 201. He therefore submitted that considering the gravity of the offence, the present application may not be entertained.
Looking to the role attributed to the applicant and other attending circumstances such as the charge sheet is filed, other co-accused has been released on bail vide order dated 3-2-2012 passed in Cri.Misc.Appln.No.844 of 2012 and also the fact that the applicant is in judicial custody since 30-9-2011, the present application deserves to be allowed.
The application is accordingly allowed. The applicant is ordered to be released on bail in connection with C.R. No. I-168/2011 registered with Mahemdavad Police Station on his executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one solvent surety for the like amount to the satisfaction of the lower court and subject to the further conditions that he shall :
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any manner injurious to the interests of the prosecution.
(d) maintain law and order and should co-operate with the investigating officers;
(e) mark his presence before the concerned Police Station on the first Monday of every calendar month between 11.00 am to 2.00 pm till the trial commences.
(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 his residence without prior permission of the court.
(g) surrender his passport, if any, to the lower court, within a week.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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. D.S. permitted.
[M.D.SHAH,J.] radhan Top