RULE.
Learned APP Mr. A.J.Desai waives service of notice of Rule on behalf of the Respondent State.
The present application has been filed by the Applicants accused persons under Section 439 of Criminal Procedure Code for grant of regular bail.
The Applicants accused persons are charged with having committed offence under Sections 143, 147, 148, 149, 307, 323 and 504 of the Indian Penal Code, for which complaint has been lodged being I-CR No. 118 of 2009 with Jhaghadiya Police Station.
Learned advocate Mr. Divyesh Joshi for the Applicant accused persons submitted that due to trivial quarrel in the marriage procession for dancing, the offence has been registered. He submitted that the injured has been discharged from the hospital and is out of danger. He further submitted that the other co-accused has been released as per the order passed by this Court in Criminal Misc. Application No. 8053 of 2009 dated 21.7.2009.
Learned APP Mr.A.J.Desai resisted the application.
In view of the rival submissions and having regard to the nature of offence, the manner in which it is alleged to have been committed and considering the fact that the incident has occurred over a trivial matter and also in view of the fact that the injured victim is out of danger, the present application deserves to be allowed. Accordingly, the present application stands allowed. The Applicants Natubhai Narsinh Vasava and Natubhai Oliya Vasava are ordered to be released on bail in connection with I-CR No. 118 of 2009 registered with Jhaghadiya Police Station on their executing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:
(a) not take undue advantage of their liberty or abuse their liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) mark their presence before Jhaghadiya Police Station on every 1st day of calendar month between 11:00 AM to 2:00 PM till the charge sheet is filed.
(f) furnish the 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 their residence without prior permission of the Court.
(g) surrender their passport, if any, to the lower Court, within a week.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute.
Direct service permitted.
(Rajesh H.Shukla,J) Jayanti* Top