Rule.
Mr.Pandya, learned APP appears and waives service of rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Naliya police station CR No.I-18 of 2012 for the offences punishable under Sections 279, 337, 338, 304A, 304 of the IPC and Sections 177, 184 and 134 of the M.V. Act.
Mr.Dave, learned advocate for the applicant submitted that in the instant matter, though the FIR was registered for the offences, which are bailable offences, but subsequently, the investigating police authority requested the concerned Court to add charge of Section 304 of the IPC in the instant matter.
Mr.Dave, learned advocate for the applicant further submitted that at the most the prosecution case can be said to be one arising out of the rash and negligent act of the applicant. It is submitted that considering the facts and circumstances of the case and role attributed to the applicant in the FIR, the application may be allowed.
Mr.Pandya, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the facts and circumstances of the case and role attributed to the applicant in the FIR, this Court is of the opinion that subject to imposing necessary conditions, the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Naliya police station CR No.I-18 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the 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 without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. 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;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s 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.
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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top