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Judgment
Sonia Gokani, J
Rule. Learned APP waives service of rule for the respondent- State.
The applicant is the original accused, who has been granted regular bail vide order, Dated: 26.07.2018, passed in Criminal Misc. Application No.
12789 of 2018 in connection with the FIR being I-C.R. No. 38/2018, registered with Pipavav Police Station, Amreli, under Sections 304A, 279, 337
and 338 of the Indian Penal Code, 1860, and Sections 177, 184, and 134 of the Motor Vehicles Act.
The conditions imposed by this Court, while releasing the applicant on regular bail vide order dated 26.07.2018, reads thus:
“8. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection
with C.R.No.I 38 of 2018 registered with Pipavav police station, Amreli, on furnishing one solvent surety of Rs.25,000/(Rupees Twenty Five
Thousand only) with two solvent sureties of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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) surrender passport, if any, to the lower court within a week;
(d) not leave stage of Gujarat and India without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned police station on the 5th of every English Calender month between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present 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 this Court;
(g) Put up all sign boards on entire patch where the work of extension is going on.
Sub-Contractor shall deposit within one week before the trial Court by way of interim compensation AND without prejudice to any right of the
parties of those who have lost their lives an amount to the tune of Rs. 1.05 lakhs. The amount shall be disbursed equally amongst the family members
of the deceased by way of cheque within two weeks thereafter. So far as those injured in the accident and also for family members of deceased, the
trial Court may further direct interim compensation after considering their injury certificates and other circumstances.
The Investigating Officer also through the proper channel is permitted to bring to the notice of the roadway authorities non-execution of certain
obligations expected by the subcontractors so that the contractors and the subcontractors both can be made aware of their duties towards general
public and more such accidents also could be averted.
11.The Authorities will release the applicant only if not required in connection with any other offence for the time being.
12.If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the
matter, including cancellation of bail.
13.Bail bond to be executed before the lower court having jurisdiction to try the case.
14.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 applicant on bail.
15.Rule is made absolute to the aforesaid extent. D.S. Permitted.â€
He is before this Court, seeking following reliefs:
“8. …
A) YOUR LORDSHIPS may be pleased to delete the condition that the applicant marking presence before the Chikkadpally Police Station,
Hyderabad, State: Telangana, on the 5th of every English Calender between 11:00 a.m. to 02:00 p.m. and quarterly marking presence before the
Pipavav Police Station, District: Amreli.
B) YOUR LORDSHIPS may be pleased to pass any other and further orders under the facts and circumstances of this case.
C) Your lordships may be pleased to dispense with the affidavit of the applicant due to covid 19 (corona virus) situation in India.â€
According to the learned Advocate, Mr. Chaudhary, presently, the applican is working at Vishakhapattanam, which is his new job. According to
him, due to Covid-19 pandemic situation, it is difficult for him to go and mark presence before the Chikkadpally Police Station on the fifth day of every
English Calcender month, so also quarterly marking the presence before the Pipavav Police Station, District: Amreli. He, however, has ensured that as
and when the trial is fixed, he shall remain present before the trial Court concerned.
We have also heard the learned APP, Ms. Jhaveri, who has fairly conceded that the authority has no objection, if, he marks presence at the
concerned police station physically and before the Pipavav Police Station, quarterly, through video conference.
Having, thus, heard both the sides, this application is ALLOWED and the condition No. 8(e), as enumerated in the order of this Court dated
26.07.2018 stands MODIFIED as under:
“8(e) shall physically MARK PRESENCE before the Chikkadpally Police Station, Hyderabad, State: Telangana, on the FIRST SUNDAY of every
English Calender between 11:00 a.m. to 02:00 p.m. and he shall also mark presence on the THIRD SUNDAY of every English Calender between
11:00 a.m. to 02:00 p.m. before the Pipavav Police Station, District: Amreli, through VIDEO CONFERENCE;â€
Rest of the conditions mentioned in the order of this Court, Dated: 26.07.2018, remains UNALTERED. It is also being SPECIFIED that he shall
also remain present before the trial Court concerned, as and when the trial is scheduled, UNLESS his personal presence is exempted by the trial
Court, concerned. If, such a request for exemption from personal presence is made, the trial Court concerned shall decide the same on its own merits,
WITHOUT being influenced by the order of this Court.
Rule is made absolute, accordingly. Direct service is also permitted.