1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.72 of 2017 registered with Ranavav Police Station, Porbandar for offence under Sections 302 and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.
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4. Learned advocate Mr. Jucky Lucky Chan appearing for the original complainant opposed the application by contending that the applicant is the main accused and the motive attributable to the applicant is only on account of the financial transaction between the deceased and the present applicant. It is submitted that the applicant is having three antecedents of serious offences including the offence under Section 307 of the IPC and hence, the applicant is habitually indulging in offence and therefore, the applicant may not be considered.
5. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
I. The FIR is registered on 18.10.2017 for the offence which is alleged to have taken place on 18.10.2017.
II. The applicant is in jail since 21.10.2017.
III. The submission of learned advocate for the applicant is that the applicant is an advocate and is sought to be involved in the offence on account of previous financial transaction. The applicant is in jail since 21.10.2017 and completed three years and at present only 12 witnesses have been examined and due to pandemic situation, the trial is stalled.
IV. The submission of learned advocate for the applicant is that the co-accused has already been enlarged on regular bail and hence, by applying Page 2 of 5 Downloaded on : Fri Aug 28 02:25:09 IST 2020 R/CR.MA/5488/2020 ORDER the principle of party.
V. The submission of learned advocate for the applicant is that the applicant is shown to be armed with wooden stick and no specific role is attributed to have inflicted any fatal blow to the deceased.
VI. Considering the nature of injury, the case of death suffered and the weapon which is attributed to the applicant being wooden stick and considering the fact that the applicant himself is a lawyer.
VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I- CR No.72 of 2017 registered with Ranavav Police Station, Porbandar, on executing a personal 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;
prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
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11. 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.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
A.Y. KOGJE, J) CAROLINE/Siddharth Page 5 of 5 Downloaded on : Fri Aug 28 02:25:09 IST 2020