Leave is granted to amend the petition.
By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-17 of 2007 registered with Jodiya Police Station, Jamnagar, for the offence punishable under Sections 34, 170, 342, 365, 395, 397, 504, 506(2) of the Indian Penal Code, Sec.25(1)(a) of Arms Act and Sec.135(1) of BP Act.
Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate for the applicant that the applicant was arrested in connection with other case and hence, he was shown as absconding by the police. He is in jail since 2-4-2008. It is further submitted that though he was arrested on 2-4-2008, test identification parade was held on 8-5-2008. It is also submitted that now the charge sheet is submitted. According to him, no recovery was made from the applicant though muddamal is recovered.
This Court has gone through the complaint. It is to be noted that the incident took place at mid-night and the accused was arrested on transfer warrant. It is stated by the learned APP that till date, committal order is not passed. It is true that though the incident took place on 2-4-2008, TI parade was held after a month i.e. on 8-5-2008. It is also to be noted that though muddamal was recovered, nothing was recovered from the present applicant.
In the facts and circumstances of the case, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-17 of 2007 registered with Jodiya Police Station, Jamnagar, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees Twentyfive 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 State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence before the concerned Police Station once in a month more particularly between 1st and 10th of month between 10.00 a.m. and 2.00 p.m. for two years;
g) furnish the 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;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court 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 is permitted.
[M.D.SHAH,J.] radhan Top