Learned Additional Public Prosecutor, Mr. Parikh waives service of Rule on behalf of the State.
2. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the State.
3. Following aspects are considered :-
(i) the allegation against the applicant is that of having given axe blow to the victim;
(ii) chargesheet has been filed;
(iii)the victim has now recovered and is discharged from the hospital;
Considering the above aspects, the application deserves to be allowed.
4. The application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No. I -156 of 2008 of Una Police Station, Taluke : Una, District; Junagadh on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark his presence before the concerned Police Station on 1st Sunday of every odd numbered English calendar month between 9.00 A.M and 2.00 P.M.;
(e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(g) surrender his passport, if any, to the Lower Court, within a week.
5. If breach of any of the above conditions is committed, the Sessions Judge will be free to issue warrant or to take appropriate action in the mater.
6. Bail before the Lower Court having jurisdiction to try the case.
7. Rule is made absolute.
8. Direct service is permitted.
DAVE, J.) zgs/-