Gujarat High Court
Jaman @ Bibo Mansukhbhai @ Hanubhai ... vs State Of on 16 January, 2013
Author: Anant S. Dave
Bench: Anant S. Dave
JAMAN @ BIBO MANSUKHBHAI @ HANUBHAI USADADIYA....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/667/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 667 of 2013 ================================================================ JAMAN @ BIBO MANSUKHBHAI @ HANUBHAI USADADIYA....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MR SHAKEEL A QURESHI, ADVOCATE for the Applicant(s) No. 1 MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 16/01/2013 ORAL ORDER
RULE.
Learned APP Mr. J.K. Shah waives service of notice of Rule for the respondent State.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.68/2012 with Dhoraji Police Station, Rajkot for the offences punishable under Sections 365, 364(A), 323, 504, 342, 506(2), 114 and 120(B) of the Indian Penal Code and under Section 135 of the Bombay Police Act.
Learned Counsel appearing for the applicant submits that the chargesheet is filed. In addition, four other co-accused having a substantially similar role in commission of the crime have been considered for bail whereas another co-accused has also been considered for anticipatory bail by the Co-ordinate Bench/this Court vide the following orders :-
a) Anticipatory Bail : Order dated 25.09.2012 passed in Criminal Miscellaneous Application No.13351/2012 and Regular Bail vide
b) Order dated 25.09.2012 passed in Criminal Miscellaneous Application No.13546/2012;
c) Order dated 05.10.2012 passed in Criminal Miscellaneous Application No.14202/2012;
d) Order dated 02.11.2012 passed in Criminal Miscellaneous Application No.14958/2012 and
e) Order dated 21.12.2012 passed in Criminal Miscellaneous Application No.17518/2012.
Considering the above aspect, it is submitted that the applicant may be enlarged on bail.
Heard learned APP Mr. J.K. Shah for the respondent-State.
Having heard learned Counsels for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.68/2012 with Dhoraji Police Station, Rajkot, 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) surrender his 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 the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present address of his 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;
The authorities will release the applicant only if 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.
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.
Rule made absolute. Direct Service is permitted.
Sd/-
(ANANT S. DAVE, J.) CAROLINE Page 4 of 4