1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-85 of 2011 registered with Keshod Police Station, Junagadh for the offences under Section 302 of the Indian Penal Code.
2. Heard Mr.J.M.Panchal, learned counsel appearing for Mr.Pravin Gondaliya, for the applicant. Mr.Panchal has read P.M. Note and contended that due to rupture the deceased expired. It is contended that looking to the allegations made against the present applicant it is not a case of Section 302 of the Indian Penal Code. It is further contended that from the evidence produced in charge-sheet papers it prima facie attracts Section 304 Part-II of the Indian Penal Code. He has further contended that when it is prima-facie established that three to four blows and three to four slaps were given to the deceased that is not the act which attracts Section 299(3) and 300 of the Indian Penal Code. He has further contended that when prima-facie it is not established that there was knowledge to kill the deceased then present applicant is required to be enlarged on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has contended that looking to the conduct of the present applicant it is a serious offence. He has contended that prima-facie case is estabalished. He has vehemently opposed the present application.
4. Heard both the parties. Both the parties are not inviting reasoned order in connection with the offence as to whether it is a offence of Section 302 or Section 304 Part-II of the Indian Penal Code. But at this stage I have perused the contents of P.M.Note and injury from the Column No.17. From perusal of the statement of the witnesses it is established that three to four blows and three to four slaps were given to the deceased and in result cause of death is found by the doctor.
5. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-85 of 2011 registered with Keshod Police Station, Junagadh for the offence alleged against him in this Application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall-
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge;
f) furnish the address of his residence to the I.O. 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;
g) surrender his passport, if any, to the lower Court within a week.
7. If the 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top