This is an application preferred under section 439 of the Code of Criminal Procedure, 1973 by the applicants who have been arrested in connection with I-C.R.No.360 of 2009 registered at Gandhinagar Sector 7 Police Station for the offences punishable under sections 147, 302, 120(B) and 201 of Indian Penal Code as well as under section 135(1) of the Bombay Police Act.
Heard learned advocate Mr.Chitnis for the applicants and Mr.D.C.Sejpal, learned APP for the respondent State at length and in great detail.
Considering the role attributed to the applicants as reflected in First Information Report and police papers, nothing was recovered from the applicants and their involvement is only on the basis of statement of co-accused. Considering the aforesaid aspect and peculiar facts and circumstances of the case and the role attributed to the applicants, they deserve to be released on bail and it may not be cited as a precedent.
For the foregoing reasons, the application is allowed and the applicants are ordered to be enlarged on regular bail in connection with I-C.R.No.360 of 2009 registered at Gandhinagar Sector 7 Police Station on executing bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety each of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall, [a] not take undue advantage of their liberty or abuse their liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender their passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
[e] mark their presence at the concerned Police Station on any day of every first week of English calender month between 9.00 AM and 2.00 PM till the trial is over;
[f] furnish the present address of their residence to the I.O. And also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
[g] maintain law and order.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case.
At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the petitioner on bail.
Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI, J.) Amit/-
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