Learned Counsel Mr. S.R. Divetia appearing on behalf of learned Counsel Mr. S.M. Agarwal seeks permission to file his Vakalatnama on behalf of the complainant in both the applications. Permission as prayed for is granted.
RULE.
Learned Additional Public Prosecutor Mr. L.B. Dabhi waives service of notice of Rule for the respondent - State in Criminal Miscellaneous Application No.6026/2012.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with a common First Information Report registered as I-C.R. No.107/2012 with Fatehgunj Police Station, Vadodara for the offences punishable under Sections 341, 342, 365, 386, 392, 364(A), 387, 120(B) and 34 of the Indian Penal Code.
Learned Counsels appearing for the applicants in both the applications have taken this Court through the allegations levelled in the complaint. They also submit that the matter has been settled between the parties and except for the offence under Section 387 of the Indian Penal Code, all the other offences are triable by the Court of the learned Judicial Magistrate First Class. Considering the above aspect, it is submitted that the applicants in both the applications may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State in both the applications.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, both the applications are allowed and the applicants are ordered to be released on bail in connection with a common First Information Report registered as I-C.R. No.107/2012 with Fatehgunj Police Station, Vadodara, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) EACH with one solvent surety 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 liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender their passports, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present address of their 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 authorities will release the applicants 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 Sessions Judge concerned will be free 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.
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 applicants on bail.
Rule made absolute in each of the applications. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top