1. The applicant is arrested in connection with FIR registered with C.R No. I-102, Vadodara Police station for the offences punishable under sections 302, 307. 143, 147, 148, 149, 332, 347, 452, 436, 427, 395 of the Indian Penal Code, 1806, Sections 3,4,5 and 6 of the Explosives Substances Act and Sections 3 and 4 of the Damage to Public Property, Sections 25(1) (a) and 27(1) of the Arms Act and Section 135 of the Bombay Police Act.
2. The complaint is indicative that a mob of 2500 persons gathered on 1st May 2006 near Champaner Gate in Vadodara city and assaulted employees of the Vadodara Municipal Corporation as well as the police officers who were on a demolition drive of illegally constructed structures. The alleged role attributed to the applicant is of pelting stones.
3. Learned advocate Mr. Majmudar appearing for the petitioner fervently urged that his name is not shown in the first charge sheet. And in the second charge sheet, filed after nearly seven months, he has been though shown absconding no warrant is issued at any stage. The trial is over and many persons have already been acquitted. In such circumstances when his arrest has been made, he be enlarged on bail.
4. Heard learned Additional Public Prosecutor Mr. Maulik G. Nanavati. He confirms that the only role attributed to the applicant is of pelting stones. At no any point of time, either warrant under section 70 of the Code of Criminal Procedure nor any further proceedings under section 82 and 83 of the Code of Criminal Procedure has been initiated against this person. In such circumstances, in the opinion of this Court this is a case worth exercising juridical discretion considering the nature of the crime as also circumstances narrated hereinabove and specific role of the accused and hence, the applicant deserves to be enlarged on regular bail on the following terms and conditions :
6. Applicant is ordered to be released on bail in connection with CR.No.I-102 of 2006 registered at Vadodara city Police Station, on executing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he 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 Vadodara city district Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m. and 3.00 p.m at Vadodara city police station till the trial is over.
(f) furnish the present address of 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. For modification and/or deletion of any of the conditions herein above, the applicant 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.
11. 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 applicant on bail.
12. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(Ms.
Sonia Gokani,J.) mary// Top