DASHRATHBHAI Vs. STATE

JUDGEMENT

(1.) In pursuance to the order of this court dated 16.4.2008, it is stated by the learned A.P.P. that the statement of witnesses Jidnyasa and Imran are recorded. I.O. had tried to search absconding accused and statement of these two witnesses have been recorded under section 164 of Cr.P.C. It is also stated that the investigation is complete and charge sheet is likely to be filed within a period of one month. It was during the course of hearing of the application noticed that there was some evidence appearing against applicant no.1 and as such the matter was adjourned to know as to what further investigation was necessary. Statement of Jignyasa was recorded some time on 10.8.2008. Considerable time has been lapsed thereafter. Except recording of the statement u/s 164 Cr.P.C., of these two witnesses, nothing has happened. In such circumstances although the allegations against the applicants are serious, bail cannot be denied to them, however, it would be subject to condition.

(2.) Each of the applicants be released on bail on furnishing surety and PRB of Rs.25000/- to the satisfaction of the lower court, subject to conditions that he shall report at P.S. Pusad on first Sunday of each month until further orders or till the charge sheet is filed, whichever is earlier and shall attend the trial regularly. Bail in lower court.

(3.) Application stands disposed of. Hamdast granted.