(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) This application is confined for applicant No.2 original accused No.4. Learned advocate for the applicant pointed out that though two eyewitnesses who did depose that this accused had come at the scene of the incident with a knife, neither of the two witnesses attributed any blow to this accused. He further submitted that the applicant has been in jail for more than five years and appeal which is of the year 2013 is unlikely to be heard in near future.
We have heard learned APP for the respondent State.
Prima facie considering that both the eyewitnesses i.e. complainant Idrishmiya Amemadmiya Shiakh, P.W.4 and Nasruddin Mahammadbeg Mirza, P.W.24 have not attributed this applicant having given any blow either to the deceased or anyone else, as also considering that he has been in jail for more than five years and the appeal which is of the year 2013 is unlikely to be heard in near future, the applicant is ordered to be released on bail on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount on following conditions;
(a) he shall not leave the State of Gujarat without the permission of the trial Court.
(b) he shall make himself available before the Court as and when so directed.
(c) he shall not enter limits of Anand District without the leave of the Court.
(d) he shall surrender the passport, if any.
Rule made absolute accordingly. Direct service is permitted.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) vijay Page 2 of 2