1. Learned counsel appearing for the applicants submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicants, by imposing suitable conditions, the applicants may be enlarged on bail. It is also submitted that applicants are in jail since 29.2.2012.
2. Heard learned APP for the respondent - State.
3. It is alleged that when the present applicants were released on bail in connection with another offence, during that period, they committed this second offence and caused serious injuries to the injured persons, because of which one person lost his life and another person received serious injuries. It is submitted that all the injured are discharged from the hospital.
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 coupled with the fact that charge sheet is filed, this application is allowed. However, in opinion of this Court, strict conditions are required to be imposed on the applicants while releasing them on bail. The applicants are ordered to be enlarged on bail in connection with C.R.No.I-226 of 2011 of Mehsana Tasluka Police Station, District Mehsana for the offences punishable under sections 143, 147, 148, 149, 395, 397, 307, 324, 323 and 337 of the Indian Penal Code, Section 135 of the Bombay Police Act on furnishing bond of Rs.25,000/- (Rupees twenty five thousand only) each with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants 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 six 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.
[h] not enter into the limits of Mehsana Taluka for six months except for marking presence and attending the trial.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
7. 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.
8. 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