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Gujarat High Court · body

2016 DIGILAW 2083 (GUJ)

Abdul-Rajak Usman-Gani Shaikh v. State of Gujarat

2016-10-03

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 applicant for regular bail in connection with an FIR being C.R. No. I-173 of 2016 registered with Makarpura Police Station, District: Vadodara for the offences under Sections 392 and 114 of the Indian Penal Code. 2. Learned Advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence merely on the suspension. It is submitted that there is no other cogent material to connect the present applicant with the alleged offence. It is further submitted that the applicant is not named in the FIR and there is no recovery and discovery at the instance of the present applicant. Moreover, it is also submitted that substantial part of the investigation is over, only charge-sheet is required to be submitted and therefore, now there is no possibility of tampering with the evidence and applicant is ready and willing to abide by the terms and conditions that may be imposed by the Court, 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. Regard being had to the above submission and considering the nature and gravity of accusation made against the applicant as also considering the fact that the applicant is not named in the FIR and there is no recovery and discovery at the instance of the present applicant, this Court is of the view that discretion is required to be exercised in favour of the present applicant for regular bail by imposing suitable conditions. 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-173 of 2016 registered with Makarpura Police Station, District: Vadodara on executing a personal bond of Rs. 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-173 of 2016 registered with Makarpura Police Station, District: Vadodara 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. 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.