Dharmapal Devidas Bhesare. Vs. State of Gujarat.

[p. sathasivam ; h.l. gokhale, j.j.] - the indian penal code, 1860 section 302 - punishment for murder -- sunil yadav s/o musafir yadav was instituted. sunil yadav was instituted. on 29.04.1997, about 5:30 a.m., at nawada sadar hospital, si anil kumar gupta recorded the statement of sunil yadav s/o musafir yadav and on the basis of his statement fir no 12/97 was registered with govindpur p.s under sections 147, 148, 149, 323, 324, 307, 447 ipc against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, suresh yadav, umesh yadav, muni yadav and naresh yadav. the charge-sheet bearing no. 12/97 was submitted in fir no. 11/97 p.s. govindpur, on 30.06.1997 against brahamdeo yadav, sunil yadav, darogi mahto, maho yadav, paro mahto, kuldeep yadav, sudhir yadav, bale yadav, shivan yadav and suraj yadav and sunil yadav who was later instituted. the charge sheet bearing no. 36/97 was also submitted in fir no. 12/97 p.s. govindpur, on 17.12.1997 against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, umesh yadav, muni yadav and naresh yadav except suresh yadav s/o kesho yadav as he had died. informant-naresh yadav (pw-9) informant-sunil yadav (a9 in fir 11/97) brahmdeo yadav, darogi mahto, sunil s/o bale yadav, maho yadav, kuldeep yadav, bale yadav, suraj yadav, shiv nandan yadav, sunil yadav s/o musafir yadav, sudhir yadav and paro mahto, total 11 persons forming a group came there and surrounded them. brahmdeo yadav, sunil yadav, darogi mahto and maho yadav were armed with rifle. bale yadav, kuldeep yadav, shiv nandan yadav and suraj yadav were armed with gandassa. kuldeep yadav gave gandassa blow to munshi yadav......as iii.c.r. no. 338/2010, registered with sagbara police station, for the offences punishable under sections-66(b), 65(a)(e) and 81 of the bombay prohibition act.2. heard learned counsel for the parties and perused the record.3. considering the facts and circumstances of the case, the nature of allegations, role attributed to the accused and the punishment prescribed for the alleged offences and the court in which it is treble, i am inclined to enlarge the applicant on bail, by imposing suitable conditions.4. learned counsel for the parties do not press for further reasoned order.5. in the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with iii.c.r. no. 338/2010, registered with sagbara police station, on executing a bond of rs.5,000/- (rupees five thousand only) with one surety 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 the state of gujarat without prior permission of the sessions judge concerned;(e) mark presence at the concerned police station on the first sunday of every month between 10.00 a.m. and 3.00 p.m., till the trial commences;(f) furnish the present address of his residence to the i.o. and also to the court, at the time of execution of the bond, and shall not change the same without prior permission of this court;6. the authorities will release the applicant only if not required in connection with any other offence for the time being.7. 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.8. bail bond to be executed before the lower court having jurisdiction to try the case.9. at the trial, the trial court.....