[1] Mr.Ashish Dagli, learned advocate seeks permission to file Vakalatnama on behalf of the complainant. Permission is granted.
[2] When the matter is called out, learned advocate for the applicant is not present.
[3] 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 C.R.No.I-24 of 2012 registered with Halwad Police Station.
[4] It is submitted by the learned APP that present applicant accused caused injury to the injured person on leg with axe. Injured person received two fracture injury.
[5] This Court has gone through the complaint. Offence are triable by JMFC Court. The applicant is in jail since 21.02.2012 and as applicant caused injury to the injured person and injured person received two fracture injury, by imposing strict conditions and without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[6] Hence, the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-24 of 2012 registered with Halwad Police Station for the offence alleged against him on executing personal bond of Rs.25,000/- (Rupees twenty five 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) mark presence before the Halwad Police Station on every 1st and 15th of English Calender month between 11.00 a.m. and 2.00 p.m. for six months.
e) not enter into jurisdictional area of Halwad Police Station for three months except for marking presence.
f) not act in a manner injurious to the interest of the prosecution;
g) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
h) furnish the address of 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;
i) surrender passport, if any, to the lower Court within a week.
[7] 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.
[8] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top