The instant application is filed seeking regular bail after chargesheet under Section 439 of the Code of Criminal Procedure in connection with Chuda police station, Dist.Surendranagar CR No.I-1 of 2012 for the offences punishable under Sections 323, 394, 307, 143, 147, 148, 149, 427 of the IPC and Section 135 of the Bombay Police Act.
Mr.MA Barot, learned advocate for Mr.Gamara, learned advocate for the applicants, at the outset, drew my attention to the FIR and submitted that it is alleged that the applicant No.1, who is accused No.1, inflicted stick blow on the head of one Gambhirsinh and applicant No.2, who is original accused No.2, allegedly inflicted pipe blow on the head of injured Pratapsinh. It is submitted that injured Pratapsinh was discharged on the same day. He was examined by the Medical Officer and injured Gambhirsinh came to be discharged from the hospital on 25.1.2012. It is further submitted that in the instant matter, all the co-accused have been released on bail. It is submitted that the investigation was already over and chargesheet is filed. However, it is further submitted that considering the fact that the instant incident happens to be fall back of one another incident, which occurred earlier in past, if this Court incorporates appropriate conditions while releasing the applicants on bail, the applicants shall abide by the said condition.
Heard Mr.Kodekar, learned APP for the respondent - State and Mr.Abichandani, learned advocate for the original complainant. It is submitted that considering the fact that the applicants and both the injured reside in the same village Samdhiyala, if the applicants would be released on bail, there is likelyhood of repetition of such incident.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicants, as well as considering the fact that both the injured have been discharged from the hospital, as their treatment was over and further considering the fact that in the instant matter, chargesheet is filed, application deserves to be allowed. However, considering the submissions advanced on behalf of both the sides, it would be in the interest of justice to release both the applicants on bail imposing appropriate conditions.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Chuda police station, Dist.Surendranagar CR No.I-1 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one 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 act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the trial Court concerned;
(e) 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;
(f) furnish the present address of residence to the I.O. 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;
(g) the applicants shall not enter the outskirts of village Samdhiyala, Taluka Chuda, District Surendranagar for the period of six months from the date of their actual release.
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 trial Court 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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 is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top