These applications are filed under Section 439 of the Code of Criminal Procedure in connection with a common First Information Report registered as I-C.R. No.8/2012 with 'B" Division Police Station, Bhavnagar for the offences punishable under Sections 307, 504, 506(2), 323 and 34 of the Indian Penal Code and under Sections 5, 25, 33 and 34 of the Money Lending Act.
Learned Counsel Mr. Arpit Kapadia appearing for the applicants in Criminal Miscellaneous Application No.5168/2012 and learned Counsel Mr. J.M. Panchal appearing for the applicant in Criminal Miscellaneous Application No.5209/2012 submits that the chargesheet is filed and the applicants have been in jail since the last more than four and a half months. It is submitted that the victim (lady) is alleged to have received 40% burn injuries but was discharged from the hospital after availing treatment and her physical condition is now stated to be normal. Considering the above aspect, it is submitted that the applicants in both the applications may be enlarged on bail.
Heard learned Additional Public Prosecutors Mr. L.B. Dabhi and Ms. C.M. Shah in each of the applications who submit that the applicants herein are head strong persons and hence, strict conditions be imposed by this Court while enlarging the applicants on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, both the applications are allowed and the applicants are ordered to be released on bail in connection with a common First Information Report registered as I-C.R. No.8/2012 with 'B" Division Police Station, Bhavnagar, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) EACH with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall;
a) not take undue advantage of liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender their passports, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) 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;
g) furnish the present address of their residences to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residences without prior permission of this Court;
h) not enter within the City limits of Bhavnagar for six months, except, for the purpose of attending the trial or marking presence. During this period, the applicants shall furnish the address of their residences to the Investigating Officer and also to the Court alongwith the documentary evidences.
The authorities will release the applicants 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 Sessions Judge 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.
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.
Rule made absolute in each of the applications. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top