Rule.
Mr. Kodekar, Ld. APP appears and waives service of rule for respondent State.
1. The instant application is filed by the lady accused under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-222/2011 registered with Isanpur Police Station, Ahmedabad, for the offences punishable under Sections 326, 120-B and 114 of the Indian penal Code and section 135[1] of the B.P. Act.
2. Mr.
Purohit, Ld. Advocate for the applicant, at the outset, took me through the relevant part of the FIR and submitted that about causing injury to the injured, no role is attributed to the lady accused. My attention was drawn to order dated 27/6/2012 passed in Criminal Misc. Application No. 8749/2012, whereby the two co-accused came to be released on regular bail by this Court. It is further submitted that the treatment of the injured is already over and now he is not in the hospital.
3. Heard learned APP Mr. Kodekar for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the order dated 27/6/2012 referred above and further fact that the treatment of the injured was over and he is not in the hospital, the application deserves to be granted.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-222/2011 registered with Isanpur Police Station, Ahmedabad, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that the applicant shall;
a) not take undue advantage of liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender his passport, if any, to the lower court within a week;
d) not leave INDIA without prior permission of the Sessions Judge concerned;
e) furnish the present address of his 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.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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 applicant on bail.
Rule is made absolute to the aforesaid extent. DSP.
(J.C.
UPADHYAYA, J.) * Pansala.
Top