By way of present application, filed under Section 439 of the Code of Criminal Procedure, the applicants have prayed to release them on regular bail in connection with the offence registered as C.R. No.I-80 of 2011 registered with Ranavav Police Station for the offences punishable under Sections 307, 326, 324, 323, 143, 147, 148, 149, 504 and 506(2) of the Indian Penal Code and under Section 135 of the Bombay Police Act.
Heard Mr.Hardik Dave, learned counsel for the applicants and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Dave, learned counsel for the applicants, state that injured witnesses have already been discharged from the hospital. He has also contended that injuries are on non-vital part of the body and therefore also, it cannot be said that the intention of the accused persons was to commit murder. He has also contended that there is nothing on record to show prima-facie involvement of the applicants in the alleged offence. He has further contended that the applicants will be available during the trial. He has further contended that the investigation is over and charge-sheet is filed in the matter. He has further contended that the applicants will not tamper with the evidence. He, therefore, contended that the applicants may kindly be enlarged on bail.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State and also perused papers produced before me. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicants and now the charge-sheet is filed, 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 C.R. No.I-80 of 2011 registered with Ranavav Police Station for the offence alleged against them in this application on their executing bond of Rs.10,000/- (Rupees ten 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 their liberty or abuse their liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) not enter into the area of Ranavav Police Station except to attend the Court;
g) furnish the address of his residence to the Investigating Officer 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;
h) surrender his passport, if any, to the lower Court within a week.
The Authorities will release the applicants only if they are 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 is made absolute to the aforesaid extent.
Direct Service is Permitted.
(Z.
K. Saiyed, J) Anup Top