By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-26 of 2012 registered with Bakor Police Station, for the offence punishable under Sections 143, 147, 148, 149, 324 and 302 of the Indian Penal Code and Sec.135 of B.P.Act.
Heard Mr.Y.M.Thakkar, learned counsel for the applicants Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by Mr.Thakkar that this application is filed after filing of charge sheet. It is further submitted that incident took place in a spur of moment. It is further submitted the main accused Uda Nana asked other persons to beat the deceased as well as other persons. It is further submitted that applicant No.1 came with axe and caused injuries with blunt part of axe to injured Ramanbhai Galabhai on his back and applicant No.3 also came with axe and caused injury to the complainant and all the injuries were simple in nature. It is further submitted that considering the manner in which the incident is alleged to have occurred and also the fact that the charge sheet is filed, applicants may be released on bail.
It is to be noted that the charge sheet is filed. Considering the manner in which the incident has taken place and considering the role attributed to the applicants coupled with the facts that the applicants have not caused injury to the deceased, 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 applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-26 of 2012 registered with Bakor Police Station for the offence alleged against them in this application on each of them executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) they shall not take undue advantage of liberty or abuse liberty;
b) they shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) they shall maintain law and order and should cooperate the Investigating Officer;
d) they shall not act in a manner injurious to the interest of the prosecution;
e) they shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of their residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender their 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.
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 applicants on bail.
Since this order has been passed considering the role attributed to the applicants, this order may not be taken as a precedent.
[M.D.SHAH,J.] radhan Top