Learned counsel appearing for the applicants submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicants, by imposing suitable conditions, the applicants may be enlarged on bail. It is also submitted that applicants are in jail since 16.05.2011.
Heard learned APP for the respondent - State.
It is alleged that the present applicants caused injuries with stick to the deceased. As per the complaint, no injuries of stick was caused to the deceased on vital parts of the deceased. As per the P.M.report, simple injuries of abrasion were found and the cause of death is due to rupture of splea and kidney and these injuries were caused by kick and fist blows.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, no deadly weapon is used by the applicants in committing the crime coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicants are ordered to be enlarged on bail in connection with C.R.No.I-65 of 2011 of Jhalod Police Station, District Dahod for the offences punishable under sections 147, 148, 149, 302 and 504 of the Indian Penal Code, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) each with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top