By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-132 of 2006 registered with Dehgam Police Station, for the offence punishable under Sections 302, 394, 397 and 34 of IPC and Sec.135 of B.P.Act.
Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State.
Learned counsel for the applicant has contended that complaint is lodged by the Watchman of the temple and it is specifically stated in the complaint that four unknown persons came in the temple and committed the offence of robbery. It is further submitted that the unknown persons (accused) caused injury to Watchman Babubhai and because of said injury received by him, Babubhai expired. It is further submitted that on the basis of statement of co-accused, the present applicant is arrested. It is further submitted that out of four accused, two accused are acquitted by the trial court and since two accused were absconding, supplementary charge sheet is filed and one of them is also released on bail by this Court.
In the facts and circumstances of the case, considering the aforesaid submissions made on behalf of the applicant and also the facts that other two co-accused are acquitted and one of the two accused in which supplementary charge sheet is granted bail by this Court and now charge sheet is filed and the applicant is in jail since 24-7-2011, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-132 of 2006 registered with Dehgam Police Station, for the offence alleged against him in this application on his executing a bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial 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 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) 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;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court 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 is permitted.
[M.D.SHAH,J.] radhan Top