Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further 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 20.10.2011.
Heard learned APP for the respondent - State.
It is alleged that the present applicant gave drugs-poison with alcohol to the deceased. It is a case of circumstantial evidence. As far as P.M.note and viscera report is concerned, presence of poison and alcohol was not found in the body of the deceased though post-mortem was performed immediately. The other accused who played similar role was released by this Court.
This Court has gone through the order passed by the Sessions Court as well as the allegations made in the complaint. It is alleged that the present applicant purchased tranquilizer tablets from the medical store and the said tablets were administered to the deceased and thereupon the murder of the deceased took place. As far as the FSL report is concerned, no tranquilizer substance was found from the body of the deceased.
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 and considering the evidence against the present applicant from the papers of the charge sheet, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-219 of 2011 of Maninagar Police Station, District Ahmedabad for the offences punishable under sections 302, 201, 328, 120B of the Indian Penal Code and Section 135(1) of the Gujarat 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 three 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.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
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.
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