Heard Mr.Mahendra U.Vora, learned counsel appearing for the applicant and learned APP, Mr.Dabhi for the State.
It is submitted by Mr.Vora that charge sheet is filed. It is further submitted that the applicant has caused injury on the chest with stick and the deceased died of injuries received on head which is given by co-accused Mathurji. Considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that co-accused who caused injury to witness Sharadaben has been released on bail by this Court vide order dated 7-3-2012 passed in Cri.Misc.Appln.No.1917 of 2012.
This Court has gone through the complaint. The role attributed to the applicant is that he caused injury with stick on the chest of deceased. It is to be noted that it is the accused Mathurji who caused injuries with pipe on the head of deceased and accused died of injuries received on the head. It is noted that charge sheet is filed. It is also noted that on a petty aspect, quarrel took place and the incident occurred.
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 coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-108 of 2011 of Dhanera Police Station, District Banaskantha for the offences punishable under sections 302, 323, 324, 504 and 114 of the Indian Penal Code and Section 135 of Bombay Police Act, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant 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 Dhanera Police Station on every 1st day of English Calender month between 11.00 a.m. and 2 p.m for six 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.
[h] not to enter into the limits of Ravia village for three months and submit the new address of their stay before the Police as well as to the Court.
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 applicant 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.] radhan Top