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Gujarat High Court · body

2016 DIGILAW 196 (GUJ)

Wasim Munnabhai Shaikh v. State of Gujarat

2016-01-28

A.J.DESAI

body2016
ORDER : 1. Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of rule on behalf of respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R registered at C.R. No. I - 176 of 2015 with Maninagar Police Station, District Ahmedabad, for the offences punishable under Sections 379, 392 and 356 of the Indian Penal Code. 3. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. The learned APP opposes the grant of bail looking to the nature and gravity of offences. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard learned advocates appearing for the parties. Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR and considering the fact that investigation is over and charge-sheet is filed and the offences alleged against the applicant are triable by learned Magistrate, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 176 of 2015 with Maninagar Police Station, District Ahmedabad, on executing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one local 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 injuries 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. (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 the State of Gujarat without prior permission of the Sessions Judge concerned. (e) Mark presence at the concerned Police Station on every Monday of each English Calendar month for a period of six months and thereafter on any day of the first week of every English calendar month for a period of one year between 11.00 a.m. and 2.00 p.m. (f) Furnish the present address of residence to the I.O 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 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, 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. 8. Rule made absolute to the aforesaid extent. Direct service is permitted.