This application has been filed under Section 439 of the Code of Criminal Procedure, 1973, to release the applicants on regular bail in connection with CR No.I-13 of 2011 registered with Batava Police Station, Junagadh, for the offence punishable under Sections 302, 342, 143, 147, 148, 149 and 34 of IPC and Sec.135 of Bombay Police Act.
As per the prosecution case, it is alleged that the deceased Bharatbhai, the elder brother of the complainant, had illicit relation with Radhaben, daughter of Patel Rasikkumar Jamnabhai Mori, and at odd hours at night, he was found with Radhaben in the kitchen by old lady when she awoke. On her shouting, other family members were also awaken and deceased was beaten by accused persons. The deceased received grievous injuries and he succumbed to those injuries and his dead body was left near the bus-stand. The brother of the deceased thereafter lodged the complaint and investigation was started and at the end of investigation, charge sheet was filed.
Heard learned Senior Counsel, Mr.N.D.Nanavaty for Mr.Ruturaj Nanavaty for the applicants and Mr.L.B.Dabhi, learned Public Prosecutor for respondent-State.
It is submitted by learned senior counsel, Mr.N.D.Nanavaty for the applicants that present applicants are not relatives of the main accused but are neighbours of the main accused. It is further submitted that as the unfortunate incident took place at night, they were caught at night and it is alleged that they also took part in causing injuries to the deceased. It is further submitted that the deceased aged 42 years was a married person. It is also submitted that charge sheet is filed since long and applicants are in custody since 11-10-2011.
This Court has gone through the charge sheet papers. It appears that when deceased was caught red-handed with Radhaben in kitchen, the accused persons got shocked and excited and hence, he was beaten by them. It is also pertinent to note that thereafter, due to the incident, Radhaben committed suicide. It is pertinent to note that main accused Purshottambhai who caused injuries to the deceased with deadly weapon is not before this Court. It is noted that the applicants are neighbours. It is also noted that the charge sheet is filed and the applicants are in custody since last more than six months.
Considering the above peculiar facts and circumstances of the case and also considering the manner in which the incident took place coupled with the facts that the charge sheet is filed and the applicants, who are neighbours, are in custody since last more than six months, a case is made out for bail. In the facts and circumstances of the case, 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 applicants on bail.
The applicants are therefore ordered to be released on bail in connection with CR No.I-13 of 2011 registered with Batava Police Station, Junagadh, for the offence alleged against them in this application on each of them executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety each 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 liberty or abuse 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 their residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender their 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.
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.
It is observed that as this order has been passed looking to the peculiar facts and circumstances, this order will not come in way while deciding the bail application of the other accused.
[M.D.SHAH,J.] radhan Top