Mr.Dave, learned advocate for the applicants, at this stage, seeks permission to withdraw the application qua applicant No.1 - Lakhabhai Ranabhai Rabari. Permission as prayed for is granted. The instant application qua applicant No.1 - Lakhabhai Ranabhai Rabari stands disposed of as withdrawn, at this stage.
Mr.Nanavati, learned APP appears and waives service of rule for respondent - State.
The instant application is filed seeking regular bail after chargesheet under Section 439 of the Code of Criminal Procedure in connection with Junagadh City 'A' Division police station C.R. No.I-106 of 2012 for the offences punishable under Sections 307, 324, 337 and 114 of the IPC.
Mr.Dave, learned advocate for the applicants, pressing the application qua applicant No.2 - Jivabhai Lakhabhai Rabari, drew my attention to the FIR and submitted that the role attributed to this applicant is that he pelted stone. The applicant was not armed with any weapon. It is, therefore, submitted that considering the role attributed to the applicant No.2 - Jivabhai Lakhabhai Rabari, the application may be granted qua him.
Mr.Nanavati, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and more particularly the role attributed to the applicant No.2 - Jivabhai Lakhabhai Rabari, and considering the facts and circumstances of the case, the application deserves to be allowed in part qua application No.2 - Jivabhai Lakhabhai Rabari.
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 No.2 - Jivabhai Lakhabhai Rabari is ordered to be released on bail in connection with Junagadh City 'A' Division police station C.R. No.I-106 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 trial Court 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 applicants 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 qua applicant No.2 - Jivabhai Lakhabhai Rabari. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top