The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail, which is a successive bail application after the disposal of the Criminal Misc. Application No.17018/2011 as per order dated 29.12.2011.
Heard learned counsel, Mr.Nasir Saiyed for the applicant and learned APP Mr.H.L. Jani for the respondent-State.
Learned counsel, Mr.Saiyed has stated that the applicant is in jail since about five and half years and the offence alleged is under Section 307 of the Indian Penal Code, where it was a mis-firing. However, he has stated that the State has filed Criminal Revision Application No.314 of 2011 before this Court, which is pending and the trial is not concluded though it was observed earlier.
Learned APP Mr.Jani submitted that the trial is in progress and the efforts have been made to complete it expeditiously. However, the accused no.2 is sought to be made Approver and that has led to further litigation by way of Criminal Revision Application No.314 of 2011 by the State and there is another application filed by the present application. He submitted that the matters are kept in the next month and this matter may also be adjourned. He submitted that if the applicant is released on bail, his presence may not be secured and it may adversely affect the prosecution.
In view of the rival submissions, it is required to be considered, whether the present application can be entertained or not, which is a successive bail application.
As it transpires while passing the earlier order in Criminal Misc. Application No.17018 of 2011 dated 29.12.2011, the application for bail was not entertained and the trial was expedited and liberty has also been granted to make fresh application if the trial is not concluded by the end of February, 2012. It is in this background, the present application has been filed. There is also further development in the form of Revision Application No.314/2011 filed by the State, which is pending before this Court. However, it is regarding the procedure for the accused no.2 for making him Approver and, therefore, it is a separate aspect altogether though it may have some relevance. If the accused no.2 is made Approver, he may make such revolution, which will have some bearing on the fate of the trial and, therefore, the apprehension of the presence of the applicant-accused cannot be overlooked. Therefore, in light of the fact that the applicant has been in jail for about five and half years and the trial has not completed and at the same time taking a note of the apprehension, strict condition may be imposed while releasing the applicant on bail. Therefore, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with I-C.R.No.283/2006 registered with Fatehgunj Police Station, Vadodara on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) 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 his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station in the first week of every calender month between 11:00 AM and 2:00 PM till the trial is over.
(h) not leave the State of Gujarat without the prior permission of the Sessions Court concerned
(i) not enter into the local limits of Vadodara City without prior permission of this Court till the trial is over, but for marking presence and for attending the Court in connection with this case, he will be free to enter the limits for a period to that extent necessary and will leave the limits soon thereafter;
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 permitted.
(RAJESH H.SHUKLA, J.) /patil Top