Applicant Mahesh Jashwant Rathod has preferred this application under Section 439 of CR.P.C for grant of regular bail in connection with complaint being I.C.R No. 188 of 2011 registered with Naranpura Police Station for the offences punishable under Sections 147, 148, 149, 302, 427 and 120-B of IPC.
This application is preferred for regular bail u/s. 439 of Cr.P.C, after the charge-sheet is filed.
Learned advocate Mr.B.M.Mangukiya appearing for the accused-applicant has urged that there are three accused who have been granted regular bail by the Sessions Court and the role of present applicant is allegedly identical as per the case of prosecution . This persons also had pipe in his hands as per the case of prosecution. However, a complaint does not revealed any names and the entire case raised on circumstantial evidence.
Learned APP Mr.M.G.Nanavati did not refute the factum of the grant of bail to co-accused. The fact that this applicant was carrying the pipe at the relevant time and the complaint does not reveal the names of any of the persons.
On thus having heard learned advocate for the parties and on having examined the papers of charge-sheet, as also the order of competent Court enlarging the co-accused on bail, this Court is of the opinion that this application requires consideration by exercising the discretionary jurisdiction for the following grounds :
1. This application is based on parity essentially.
2. The accused name is not in the FIR
3. The role attributed to the applicant in the papers of charge-sheet is no greater than one attributed to this co-accused qua on regular bail by the Competent Court.
4. The allegations in the charge-sheet, the kind of weapons alleged to have been carried by applicant and nature of injuries which is possible of such weapon and the report of PM if prima facie considered the applicant-accused appears to be entitled for being enlarge on regular bail. He is a boy of 18 years of age and he has permanent residence of Ahmedabad.
Applicant-Mahesh Jashwant Rathod is ordered to be released on bail in connection with I.C.R No. 188 of 2011 registered with Naranpura Police Station on executing a bond of Rs. 20,000/- (Rupees Twenty thousand only) with one surety of 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 prosectuion.
(c) surrender passport, if any, to the lower Court within a week;
(d) not leave Gujarat and India without prior permission of the Sessions Judge concerned
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(f) shall not enter in the outskirts of Ahmedabad City Corporation, till the trial of in the case is over, except for marking his presence with the Police authority and for attending to the Court.
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g) furnish the present address of 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;
The jail authorities will release the applicant 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 trial Court concerned will be at liberty 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.
For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modication and/or deletion of any of the conditions of this order in accordance with law.
The trial Court shall not be influenced by the observations of preliminary nature made, while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.Sonia Gokani,J) bina Top