[1] Mr.M.A.Saiyed, learned advocate is permitted to file Vakalatnama on behalf of the complainant. By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-237 of 2011 registered with Madhavpura Police Station for the offence punishable under Sections 147, 148, 149, 120(B), 307, 302, 323, 324, 326, 506(2) and 294(kh) of the Indian Penal Code and under section 135(1) of the Bombay Police Act.
[2] Mr.B.C.Dave, learned advocate for the applicant took this Court through to the statement of injured witness as well as witness Salimbhai whose statement was recorded on 18.08.2011. Incident took place on 06.08.2011 and statement of so called witness Salimbhai was recorded on 18.08.2011 and only this witness has disclosed the name of the present applicant accused. In this statement it is stated by him that present applicant was present with hockey stick and in causal manner he stated that he also took part in beating deceased. It is submitted by the learned advocate for the applicant accused that charge sheet is filed. It is further submitted that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is also submitted that the applicant is in jail.
[3] Heard learned advocate for the applicant. Injured witness whose statement was recorded earlier on 07.08.2011 did not disclose name of present applicant. As per recovery of hockey stick is concerned, it was recovered from the place of offence and not from the present applicant accused. So far other accused are concerned, specific role played by them is narrated by witness.
[4] In the facts and circumstances of the case and considering above aspects and now the charge-sheet is filed, without entering into the merits of the case this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[5] Hence, the applicant is ordered to be released on bail in connection with C.RNo.I-237 of 2011 registered with Madhavpura Police Station for the offence alleged against him on his executing personal bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall -
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) mark presence before the Madhavpura Police Station on every 1st of English Calender month between 11.00 a.m. and 2.00 p.m.
e) not enter jurisdictional area of Madhavpura Police Station except marking presence for one year;
f) not act in a manner injurious to the interest of the prosecution;
g) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
h) furnish the 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;
i) surrender passport, if any, to the lower Court within a week.
[6] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[7] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[8] It is clarified that considering the statement of witness and role attributed to the applicant accused, this application is allowed. This order will not come in the way while deciding bail application of other co-accused persons.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top