Applicant-Mathuraji Samarataji Rajput has preferred this application under Section 439 CrPC for grant of regular bail in connection with complaint being I-C.R No. 108 of 2011 registered with Dhanera Police Station for the offences punishable under Sections 302, 323, 324, 504 & 114 IPC.
Learned advocate Shri Vora fervently urged that the chargesheet in the matter has already been filed and the co-accused has been enlarged on bail by this Court [Coram : M.D Shah, J.] vide order dated 7th March 2012 rendered in Criminal Misc. Application No. 1917 of 2012.
It is further submitted by the learned advocate for the applicant that the applicant-accused is a handicapped person and considering the nature of allegations; role attributed to the applicant of giving stick blows to the deceased, he may be released on bail by imposing suitable conditions.
Heard learned advocates for the parties. On perusal of the record and considering the fact that the applicant-accused is a handicapped person allegedly involved in giving stick blows and is claiming this on the ground of parity as also since the chargesheet in the offence alleged has already been filed, this Application is allowed. Applicant-Mathuraji Samarataja Rajput is ordered to be released on bail in connection with C.R. No.I-108 of 2011 registered at Danera 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 prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave Gujarat & 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 Danera, District Banaskantha, till the trial of in the case is over.
(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 modification 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.) Prakash* Top