Rule.
Learned Add. Advocate General, waives service of rule on behalf of the State.
At the outset, it is submitted by learned Addl. Advocate General that applicant is a permanent resident of Village Petlad and, therefore, he will be very well available for trial as and when the matter is fixed and hence, considering the age and illness of the applicant, he has no objection if this application is allowed.
The present application is filed seeking to release the applicant on anticipatory bail as he is apprehending his arrest in connection with Criminal Inquiry Case No.5 of 2007 registered with learned Judicial Magistrate (First Class), Petlad, for the alleged offences punishable under Secs. 302 and 114 of IPC as well as under the Arms Act and Atrocity Act. It was inter alia alleged that when complainant's uncle Babubhai Malabhai Mohania went to Ashram of applicant begging food on 17-7-2006, accused Nos.2 to 5 took away the deceased from the Ashram and assaulted the deceased. It was also alleged that accused No.2 called applicant and applicant opened firing from his revolver and the bullet hit lower part of right shoulder of deceased. The deceased ran away from the place and died on his way to Ahmedabad. However, no FIR was lodged but the complaint was lodged with the learned J.M.F.C., Petlad on 27-12-2006.
Heard learned Senior Counsel, Mr.P.M.Thakker for Mr.Pradeep Patel for the applicant and learned Addl. Advocate General, Mr.Tushar Mehta for the State.
It is submitted by learned Senior Counsel, Mr.P.M.Thakker that the applicant is aged about 82 years and has undergone heart surgery and there is blockage in two arteries, however, due to advance age and serious medical complication, operation could not be performed on him. It is further submitted that the applicant is also suffering from kidney ailment and, therefore, it is submitted that the applicant may be granted anticipatory bail considering his illness and age. It is further submitted that applicant will remain present before the trial court on 13-2-2012 when the matter is filed before the trial court. He submits on instructions that as and when required before the Court, the applicant will remain present.
This Court has also gone through the averments made in the application and other papers. It appears that the applicant is a permanent resident of Village Petlad and, therefore, he will be very well available for trial as and when the matter is fixed.
Having regard to the aforesaid facts and circumstances and more particularly in view of the age and illness of the applicant and especially when no objection has been given by learned Addl. Advocate General, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 694, wherein, the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibia & Ors. reported in (1980)2 SC 565.
Learned counsel for the parties do not press for further reasoned order.
In the result, this application is allowed by directing that in the event of the applicant being arrested pursuant to Criminal Inquiry Case No.5 of 2007 registered with learned Judicial Magistrate (First Class), Petlad, the applicant shall be released on bail on furnishing a bond of Rs.25,000/- (Rupees Twentyfive Thousand only) with one solvent surety of the like amount before the trial court on following conditions :
(a) he shall cooperate in smooth proceeding of the case and make himself available before trial court whenever required;
(b) he shall remain present before the learned JMFC, Petlad, on 13-2-2012 between 11.00 a.m. and 1.00 p.m;
(c) he shall not directly or indirectly make any inducement, threat or promise to any witness so as to dissuade from disclosing such facts to the Court;
(d) he shall at the time of execution of bond, furnish address to the Court concerned and shall not change the residence till the final disposal of the case or till further orders; and
(e) he shall not leave India without the permission of the Court and if holding a Passport, shall surrender the same before the Trial Court immediately.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top