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Judgment
M.R. Shah, J.—RULE. Ms. Krina Calla, learned Additional Public Prosecutor waives service of rule on behalf of the Respondent - State.
The present application has been preferred by the applicant-original accused No. 3 u/s 439 of the Code of Criminal Procedure in connection with a criminal complaint being C.R. No. I - 194/2010 registered with Gaekwad Haveli Police Station for the offences punishable under Sections 143, 147, 148, 149, 307, 326, 324, 323, 427 of the Indian Penal Code and u/s 135(i) of the Bombay Police Act.
Having heard Shri S.J. Dave, learned advocate appearing on behalf of the applicant and Ms. Krina Calla, learned Additional Public Prosecutor appearing on behalf of the Respondent - State and considering the police papers, which were shown by the learned APP and the role attributed to the applicant, it prima facie appears that there was no injury caused by the applicant on the deceased and the injury is alleged to have been caused by the brother of the complainant, who is reported to have been discharged from the hospital within one day.
Under the circumstances and looking to the aforesaid, the applicant''s case for bail deserves positive consideration.
Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No. I - 194/2010 registered with Gaekwad Haveli Police Station on his executing a bond of Rs. 5,000/- (Rupees Five 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 concerned Police Station on 1st and 15th of every English calendar month between 9.00 a.m. and 2.00 p.m. for a period of six months.
(e) not lave the State of Gujarat without the prior permission of the Sessions Court 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.
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. Direct Service is permitted.