Learned counsel appearing for the applicants seeks permission to withdraw this application qua applicant no.1. Permission as sought for is granted. This application stands disposed of as withdrawn qua applicant no.1.
Learned counsel appearing for the applicants submitted that considering the nature of allegations and role attributed to the applicants no.2 to 4, by imposing suitable conditions, they may be enlarged on bail. It is also submitted that applicants are in jail since 28.11.2011.
Heard learned APP for the respondent - State.
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 and the fact that the injured are discharged from the hospital and the fact that the complaint is lodged after five days of the incident, a case is made out. Hence, this application is partly allowed. The applicants no.2 to 4 are ordered to be enlarged on bail in connection with C.R.No.I-159 of 2011 of Sachin Police Station, District Surat for the offences punishable under sections 394 and 504 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) each with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants no.2 to 4 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