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Gujarat High Court · body

2016 DIGILAW 1961 (GUJ)

Farooq Kalimbhai Shaikh v. State of Gujarat

2016-09-06

P.P.BHATT

body2016
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with First Information Report being C.R No. I-106/2016 registered with Ramol Police Station, District Ahmedabad City, for the offences punishable under Sections 436 and 114 of the Indian Penal Code. 2. Heard learned advocate for the applicants, learned APP for the respondent-State and learned advocate for the original complainant. 3. Learned advocate for the applicants submits that the applicants are innocent persons, however they have been falsely implicated in the alleged offence. It is further submitted that the complainant is not the eyewitness and on the basis of information given by some third person that the present applicants have set ablaze the premises of the complainant, the applicants have been falsely implicated in the alleged offence on hearsay evidence. It is further submitted that now the matter is amicably settled between the applicants and the complainant and the complainant has no objection, if the applicants are ordered to be enlarged on bail. Therefore, the applicants may be enlarged on regular bail by imposing suitable conditions. 4. Learned advocate appearing on behalf of the complainant has placed on record an affidavit filed by the complainant, wherein it is stated that since there was personal dispute between him and the applicants and on account of some misunderstanding between them, he had lodged the FIR against the applicants, but now the misunderstanding has been removed and he has no objection if the applicant is ordered to be enlarged on bail. The said affidavit is taken on record. 5. Learned Additional Public Prosecutor appearing on behalf of the respondent-State submits that there is a prima facie case against the present applicants for committing the alleged offences from the FIR, but in view of the affidavit filed by the complainant before this Court, this Court may be passed appropriate order as may be deemed fit and proper. 6. Regard being had to the above submissions, in the facts and circumstances of the case, considering the nature and gravity of accusation made against the applicants in the First Information Report and other police papers and considering the fact that the matter is amicably settled between the parties, this Court is of the opinion that discretion is required to be exercised in favour of the applicants for grant of bail. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R No. I-106/2016 registered with Ramol Police Station, District Ahmedabad City, on their executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following conditions, that the applicants 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 applicants only if they are 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. 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 applicants on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted.