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2017 DIGILAW 1186 (GUJ)

Kanubhai @ Kanaiyo Ramabhai Solanki v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. Heard learned advocate, for the applicants and learned APP, for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the I-CR No. 52 of 2016 registered with Bayad Police Station for the offence punishable under Sections 394, 294(B) and 114 of the Indian Penal Code. 3. On consideration of the investigation papers supplied by learned APP during the course of hearing, it appears that only on the basis of the confession of the accused before the police which is impermissible under the law to be relied upon as a substantial piece of evidence is sought to be relied upon against the accused. Moreover there being no recovery or discovery from the applicants and the applicants have not been identified as the offender, they are entitled to be released on bail. 4. Hence, the application is allowed and applicants are ordered to be released on bail in connection with I-CR No. 52 of 2016 registered with Bayad Police Station on their 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 they 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) not leave the territory of India without prior permission of the Sessions Judge concerned; (d) shall report to Bayad Police Station twice in a week for a period of six months. (e) appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. (f) furnish the present address of residence along with the proof to the I.O concerned and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of Sessions Court concerned; 5. The competent authority will release the applicants only if they are not required in connection with any other offence for the time being. 6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. 6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 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 applicants on bail. 10. Rule made absolute to the aforesaid extent. Direct service is permitted.