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2017 DIGILAW 1119 (GUJ)

Mojamkhan Gulabkhan Pathan v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. Heard learned advocate, for the applicant and learned APP, for the respondent-State. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with the C.R. No. I - 51 of 2017 registered with Mehsana Taluka Police Station for the offence punishable under Sections 143, 395, 224, 225 and 186 of the Indian Penal Code and under Section 12 of the Gujarat Prevention of Gambling Act. 3. Considering the fact that only on the basis of the statement of the co-accused the petitioner is involved in the offence, present application deserves consideration. 4. Hence, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-51 of 2017 registered with Mehsana Taluka Police Station on executing a bond of Rs. 10,000/- (Rupees Ten 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) not leave the territory of India without prior permission of the Sessions Judge concerned; (d) appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. (e) furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned; 5. The competent authority will release the applicant only if he is not required in connection with any other offence for the time being. 5.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 5.2 Bail bond to be executed before the lower court having jurisdiction to try the case. 5.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 5.4 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. 6. Rule made absolute to the aforesaid extent. 5.4 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. 6. Rule made absolute to the aforesaid extent. Direct service is permitted.