Imran @ Kangaru Yusuf Sarvaiya v. State of Gujarat
2016-09-01
P.P.BHATT
body2016
DigiLaw.ai
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R No. I-5 of 2016 registered with Vapi Udyognagar Police Station, District: Valsad for the offences under Sections 302, 326, 143, 147, 148, 149, 341, 427, 504 and 120B of the Indian Penal Code, 1860 read with Section 135 of the Gujarat Police Act. 2. Learned advocate for the applicant submits that applicant is facing charge of offences punishable under Sections 302, 326, 143, 147, 148, 149, 341, 427, 504 and 120B of the Indian Penal Code, 1860 read with Section 135 of the Gujarat Police Act. It is submitted that the present applicant is not named in the FIR and the FIR was filed against unknown persons there is no specific role attributed to the present applicant of giving any blow by sharp weaponed. It is further submitted that the deceased had died during the course of his treatment after 7 days in the hospital. It is also submitted that the present applicant is implicated in the alleged offence on account of previous enmity between the deceased family and the applicant. It is further submitted that the applicant is having roots in Valsad District and is having responsibility towards his family, therefore, there is no likelihood to run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. Moreover, it is also submitted that investigation is over and charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence and the applicant is ready and willing to abide by the terms and conditions that may be imposed by the Court. Hence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed this application and submitted that looking to the charge-sheet papers there is a prima facie case against the present applicant for committing serious offence and looking to the nature and gravity of the offence, the applicant may not be enlarged on bail. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5.
4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submission and considering the nature of allegations made against the applicant in the FIR and other charge-sheet papers and also in view of the fact that, the applicant is having responsibility towards his family, this Court is of the opinion that discretion is required to be exercised in favour of the applicant to enlarge him on regular bail as the investigation is over and charge-sheet has been submitted and therefore, now there is no possibility of tampering with the evidence. 6. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R No. I-5 of 2016 registered with Vapi Udyognagar Police Station, District: Valsad on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m and 2:00 p.m; [f] furnish latest and permanent 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; 7. The Authorities will release the applicant only if he is 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.
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 applicant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.