1. Rule.
Learned APP Mr.L.B.Dabhi waives service of notice of rule.
2. Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 4.4.2012.
3. Heard learned APP for the respondent - State.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, considering the nature of offence and sentence prescribed for the alleged offences, this application is allowed. However, considering the fact that number of offences are registered against the present applicant, strict conditions are required to be imposed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-17 of 2012 of Hansot Police Station, District Bharuch for the offences punishable under sections 143, 147, 148, 149, 323, 452, 337, 504 and 427 of the Indian Penal Code and section 135 of the Bombay Police Act, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for four months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top