Javeed Pasha vs State

H.N. Nagamohan Das, J.—Petitioner is accused No. 1 in Crime No. 13/2013 for the offences punishable u/s 34 and 307 IPC. Investigation is completed and charge sheet is filed for the offences punishable u/s 143, 147, 148, 307 read with Section 149 IPC. The Supreme Court in Babusaheb Nagu Dhavare Vs. State of Maharashtra and Another reported in 2001(3) Crimes 410 (SC) held as under:

High Court rejected bail keeping in view nature and number of injuries-Victim however had survived and offence was not likely to escalate to higher courts-Appellant was in jail for eight months-Bail allowed with two sureties with further condition that appellant shall not enter the village without prior permission of the trial Court.

By following the law laid down by the Apex Court, this Court in Crl. P. No. 4657/2013 enlarged accused No. 2 on bail. On parity this petitioner is also entitled for bail. Accordingly, following order is passed:

ORDER

The petition is hereby allowed. The petitioner is enlarged on bail on the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs. 25,000/- with two local solvent sureties for the likesum to the satisfaction of the trial Court.

ii. On all hearing dates, the petitioner shall appear before the trial Court.

iii. The petitioner shall not, in any manner, tamper with the prosecution witnesses.

iv. On every second Sunday of the calendar month, the petitioner shall mark his attendance with the respondent-police between 9 a.m. to 5 p.m.

v. The petitioner shall not leave the jurisdiction of the Sessions Court without prior permission.

Violation of any one of the above conditions will result in cancellation of this bail order.