Rule.
Learned Additional Public Prosecutor Ms.M.S.Panchal waives service of notice of Rule for the respondent-State.
2. This application has been preferred for regular bail under Section 439 of the Code of Criminal Procedure,1973 in connection with the offence registered with Padadhari Police Station, District: Rajkot, bearing C.R.No.I ý 89 of 2007 for the offences punishable under Section 306 of the Indian Penal Code.
3. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, gravity of the offence, quantum of punishment, the manner in which the applicant is involved in the offence, as per the allegations of the prosecution coupled with the fact that the investigation is already over and charge-sheet is filed and also keeping in mind the fact that Criminal Misc.Application No.2724 of 2008 has been preferred under Section 482 of Code of Criminal Procedure,1973, wherein, this Court has granted stay against the further proceedings of Sessions Case No.1 of 2008 pending before Sessions Court at Rajkot. This stay was granted as ad-interim relief has been confirmed till final disposal of Criminal Misc.Application No.2724 of 2008 vide order dated 19th June,2008. In view of this development and looking to the age of the applicant, which is 20 years, this application is allowed. The applicant is ordered to be released on bail in connection with the offence registered with Padadhari Police Station, District: Rajkot, bearing C.R.No.I ý 89 of 2007, on his executing a bond of Rs.5,000/- (Rupees Five Thousands only) with one surety of like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) shall mark his presence before Padadhari Police Station, District: Rajkot, on every first day of English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(f) furnish the address of his residence 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.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5. Bail before the lower Court having jurisdiction to try the case.
6. Rule is made absolute. Direct service permitted.
(D.N.PATEL,J) *dipti