R.P. Dholaria, J.:— This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R. No. I-94 of 2019 registered with Amreli City Police Station, Amreli for the offence punishable under Sections 302, 307, 324, 323, 504, 506(2), 143, 144, 147, 148, 149, 120B & 34 of the Penal Code, 1860 and Section 135 of the GP. Act.
2. Learned advocate appearing on behalf of the applicants through video conference submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conference has opposed grant of regular bail looking to the nature and gravity of the offence.
4. Having heard the learned advocates for the parties and taking into consideration that (i) after conclusion of investigation, chargesheet has already been filed; (ii) more or less, similarly situated two other accused are already been enlarged on bail by the Co-ordinate Bench as submitted by the learned advocate for the applicants.
5. On above facts and circumstances of the case, it appears that this is a case of double murder, therefore this Court keeping in mind that the heirs/representatives of the deceased of victim(s) is required to be compensated in terms of the amended provisions of law.
6. Considering the nature of allegations made against the applicants 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 applicants on regular bail on condition that the applicants shall deposit Rs. 2 lakhs each towards compensation to the victim(s) before the learned trial Court within a period of three months. Upon deposition of the aforesaid amount, the learned trial Court shall disburse the same to the victim(s) by Account Payee Cheque after due identification and verification and subject to the final outcome of the trial keeping open the rights and contentions of the applicants. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an offence being C.R. No. I-94 of 2019 registered with Amreli City Police Station, Amreli on executing a personal bond of Rs. 15,000/- (Rupees Fifteen thousand only) each with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10 : 00 a.m. and 2 : 00 p.m.;
[f] deposit Rs. 2 lakhs towards compensation to the victim(s) before the learned trial Court within a period of three months;
[g] furnish latest address of 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 the trial Court;
7. The Authorities will release the applicant only if they are 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. Bail bond to be executed before the learned 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. At the trial, learned 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. Rule is made absolute to the aforesaid extent.
8. Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.