Jilubhai Nagabhai Solanki and Others vs State of Gujarat

M.R. Shah, J.—Rule. Shri L.R. Poojari, learned Additional Public Prosecutor waives the service of notice of rule for the State. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, application is taken up for final hearing today.

At the outset, Shri Gondaliya, learned advocate appearing on behalf of the applicants does not press the present application qua applicant No. 1 - Jilubhai Nagabhai Solanki. Under the circumstances, present application is dismissed qua applicant No. 1 at this stage with a liberty to file a fresh application after submission of the charge-sheet.

Present application is filed by the applicants - original accused u/s 439 of the Code of Criminal Procedure for releasing them on bail in connection with the complaint being CR No. I-191 of 2010 registered with Una Police Station. The applicants are charged for the offences punishable under Sections 302, 323, 324, 504, 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.

Heard learned advocates appearing on behalf of the respective parties, so far as applicant Nos. 2 and 3 are concerned. Having heard learned advocates appearing on behalf of respective parties and considering the FIR filed against applicant Nos. 2 and 3 and the role attributed to them and considering the fact that applicant No. 2 was pregnant at the relevant time who is reported to have delivered a child on the next day of the incident and looking to the fact that applicant Nos. 2 and 3 are ladies and a specific role is attributed to them, present application deserves to be allowed so far as applicant Nos. 2 and 3 are concerned.

Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed qua applicant Nos.2 and 3 and the applicant Nos. 2 and 3 are ordered to be released on bail in connection with Crime Register No. I-191 of 2010 registered with Una Police Station on their executing a bond of Rs. 5,000/- (Rupees Five Thousand only) each with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:

(a) not take undue advantage of their liberty or abuse their liberty:

(b) not act in a manner injurious to the interest of the prosecution:

(c) maintain law and order;

(d) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;

(e) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

(f) surrender their passport, if any, to the lower Court within a week.

If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.

Bail before the lower Court having jurisdiction to try the case.

Rule is made absolute qua applicant Nos. 2 and 3. Direct Service is permitted.