This application is filed by the applicant, who is original accused No.5 in the FIR and accused No.2 in the chargesheet seeking regular bail u/s.439 of the Cr.P.C. in connection with Panchkoshi 'B' Division police station, Jamnagar C.R.No.I-53 of 2012 pertaining to the offences punishable u/ss.143, 147, 148, 386, 120B, 294B, 506(2), 447, 341, 342 r/w.Section 149 of the IPC and Sections 135(1) of the Gujarat Police Act.
Mr.Rachh, learned advocate for the applicant, at the outset, submitted that in the instant matter, the entire investigation is over and chargesheet is filed. It is submitted that including the applicant, the chargesheet is filed against three accused persons and out of the three accused persons, two are released on bail, namely, Bharatsinh Gumansinh Jadeja and Nirubha Banesang Parmar. Mr.Rachh took me through the relevant part of the FIR and submitted that no individual role is attributed to the applicant, but collective role is attributed along with other co-accused and the other two accused, against whom the chargesheet is filed and to whom even similar collective role is attributed, are on bail.
3.1 Mr.Rachh, learned advocate for the applicant took me through the order passed by the Sessions Court rejecting the bail application of the applicant and it is stated that the Sessions Court observed that against the applicant, there are ten other offences. However, it is submitted that out of those ten offences, six offences are under Bombay Prohibition Act, two offences are u/s.506(2) of the IPC, one offence u/s.324 of the IPC and one offence u/s.135 of the Bombay Police Act and in all the six offences, the applicant was released on bail. It is further submitted that as observed by the Sessions Court the applicant had filed Cri.Misc.Appln.No.4948 of 2012 before this Court and the said application was unconditionally withdrawn by the applicant from this Court. It is submitted that as a matter of fact, the applicant had filed Cri.Misc.Appln.No.4948 of 2012 before this Court, but when said bail application was pending, the investigation was over and chargesheet was filed and he drew my attention to the order dated 26.6.2012 passed in said matter and submitted that the said bail application was not unconditionally withdrawn, but the same was withdrawn, reserving the liberty of the applicant to move for bail before the appropriate Court.
Mr.Kodekar, learned APP for the respondent - State vehemently opposed this application.
I have taken into consideration the submissions advanced on behalf of both the sides. Considering the order dated 26.6.2012, passed in earlier bail application being Cri.Misc.Appln.No.4948 of 2012, it clearly transpires that the same was not withdrawn unconditionally as observed by the Sessions Court, but the same was withdrawn, reserving the liberty of the applicant to move for bail before the appropriate Court. Considering the FIR, it clearly transpires that collective role is attributed to the applicant and as submitted, including the applicant, the chargesheet came to be filed against three accused persons and out of them, two are on bail, namely, Bharatsinh Gumansinh Jadeja and Nirubha Banesang Parmar. In the instant matter, now the entire investigating is over and chargesheet is filed. In above view of the matter, this Court is of the opinion that the instant application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Panchkoshi 'B' Division police station, Jamnagar C.R.No.I-53 of 2012, 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 he 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 passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the trial Court concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of 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;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top