1. This is an application preferred under Section 439 of the Code of Criminal Procedure, 1973 by the applicants for regular bail, who were arrested, in connection with F.I.R. registered as C.R. No. I-36 of 2009 with Ditwas Police Station for the offence punishable under Sections 307, 504, 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.
2. Learned advocate for the applicants submitted that the applicants are innocent persons and they have not committed any crime as alleged in the F.I.R. at Annexure-A to the application. From the bare perusal of the F.I.R. it becomes clear that F.I.R. was lodged after a considerable delay of two days. He further submitted that considering the role attributed to the applicants which can be seen from the F.I.R. at Annexure-A to the application and since the person, who sustained the injuries, has now recovered and discharged from the hospital, therefore, the applicants deserve to be enlarged on bail.
3. Learned A.P.P. Ms. Manisha L. Shah, representing the State, while opposing the bail application, submitted that the applicants are involved in a serious offence punishable under Sections 307, 504, 114 of the Indian Penal Code and Section 135 of the Bombay Police Act. Considering the role attributed to the applicants and the nature of the offence in which the applicants are involved, no lenient view be taken in the matter and the application does not call for any interference by this Court and the same is deserved to be dismissed.
4. I have heard learned advocate Mr. Paresh M. Dave appearing for the applicants and learned A.P.P. Ms. Manisha L. Shah appearing for the State at length and in great detail. I have considered the rival submissions, averments made in the application, role attributed to the applicants which is reflected in F.I.R. at Annexure-A to the application and the manner in which the alleged offence is committed by them, provisions of Sections 307, 504, 114 of the Indian Penal Code and Section 135 of the Bombay Police Act and the fact that the applicants gave stick blow to the injured and threw him in the well. However, after taking treatment as injured has recovered and discharged from the hospital, I am of the view that the applicants deserve to be enlarged on bail.
5. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with C.R. No. I-36 of 2009 registered at Ditwas Police Station, on executing a bond of Rs. 10,000/- (Rupees ten thousand only) each with one 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 their liberty or abuse their liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender their passport, if any, to the lower court within a week.
(d) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(e) mark their presence at the concerned Police Station on 1st and 15th of every English calendar month between 9.00 AM and 02.00 PM. till the trial is over;
(f) furnish the present address of their residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
(g) maintain law and order.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct Service today is permitted.
(H.B.ANTANI,J.) Shekhar Top