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Gujarat High Court

Riyaj Udin Jabbar Sabbir Shaikh vs State Of Gujarat on 21 September, 2023

                                                                                   NEUTRAL CITATION




     R/CR.MA/12741/2023                               ORDER DATED: 21/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12741 of 2023

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                          RIYAJ UDIN JABBAR SABBIR SHAIKH
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR N R DESAI(6504) for the Applicant(s) No. 1,2,3,4
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                  Date : 21/09/2023

                                   ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for the respondent State.

2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No. II - 3045 of 2014 registered with Pathavada Police Station, District Banaskantha for the offences punishable under Sections 11(D), (E), (F) of the Prevention of Cruelty to Animals Act, 1960 and under sections 279 and 114 of IPC and sections 177 and 184 of the Motor Vehicles Act.

3. Learned advocate for the applicant submitted that earlier the applicant has been enlarged on bail and Page 1 of 5 Downloaded on : Thu Sep 21 20:47:41 IST 2023 NEUTRAL CITATION R/CR.MA/12741/2023 ORDER DATED: 21/09/2023 undefined thereafter, the applicant came to be arrested in view of nonbailable warrant issued by the learned trial Court. Learned advocate for the applicant submitted that the applicant is ready and willing to file an undertaking before the learned trial Court that the applicant will remain present as and when called by the learned trial Court as well as the Investigating Officer. Learned advocate for the applicant submitted that the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent - State vehemently submits that, the offences, which have been charged, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

NEUTRAL CITATION R/CR.MA/12741/2023 ORDER DATED: 21/09/2023 undefined

(i) the applicant is in jail since 21.06.2023;

(ii) the investigation is over and the charge-sheet is filed;

(iii) the applicant came to be arrested in view of nonbailable warrant;

(iv) the applicant is ready and willing to file an undertaking before the learned trial Court that the applicant will remain present as and when called by the learned trial Court as well as the Investigating Officer;

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. II - 3045 of 2014 registered with Pathavada Police Station, District Banaskantha on executing personal bond of Rs.25,000/- (Rupees twenty five thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

NEUTRAL CITATION R/CR.MA/12741/2023 ORDER DATED: 21/09/2023 undefined [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] furnish latest 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 the trial Court;

[f] the applicant shall file an undertaking before the learned trial Court that the applicant will remain present as and when called by the learned trial Court as well as the Investigating Officer;

7. The Authorities will release the applicant only if the applicant 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 Page 4 of 5 Downloaded on : Thu Sep 21 20:47:41 IST 2023 NEUTRAL CITATION R/CR.MA/12741/2023 ORDER DATED: 21/09/2023 undefined 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.

(S. V. PINTO,J) H.M. PATHAN Page 5 of 5 Downloaded on : Thu Sep 21 20:47:41 IST 2023