Gujarat High Court
Abdul Salam @ Lala Abdul Kalam Sheikh vs State Of Gujarat on 3 May, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/7427/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7427 of 2019
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ABDUL SALAM @ LALA ABDUL KALAM SHEIKH
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
RIKINKUMAR R PATEL(9470) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 03/05/2019
ORAL ORDER
1. This successive application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-94 of 2018 with Karanj Police Station, Ahmedabad, for the offence punishable under Sections 364(A), 395, 323, 120(B) of the Indian Penal Code, under Sections 25(1)(B)(A) of Arms Act and under Section 135 of G.P. Act.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
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R/CR.MA/7427/2019 ORDER 3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has
opposed grant of regular bail looking to the nature and gravity of the offence. Learned Additional Public Prosecutor also opposed the grant of bail also on the ground of nature of offecne which pertains to offence under Sections 364(A), 395, 323, 120(B) of the Indian Penal Code and under Sections 25(1)(B)(A) of Arms Act. He submitted that the manner in which the offence has taken place, there is sufficient evidence that the victim was abducted at the gun point and thereafter, under the hanging sword of F.I.R., it appears that parties have now settled.
4. Learned Advocate, Mr.Rikinkumar Patel appears for the complainant and files Affidavits of Amjadkhan Karimkhan Pathan, Imran Ijlal Shaikh and also of victim- Afzal Nawabkhan Pathan, wherein it is stated that they have no objection, if the bail is granted to the present applicant.
5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following Page 2 of 5 Downloaded on : Tue Jun 25 05:54:33 IST 2019 R/CR.MA/7427/2019 ORDER aspects are considered :-
I) The F.I.R. is registered on 29-08-2018 for the offence which is alleged to have taken place on 28-08-2018; II) The applicant is in custody since 02-09-2016; III) Investigation is concluded and charge-sheet is filed; IV) Considering the role of the applicant, which is restricted only to the place where abducted victim was kept in the hotel;
V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-94 of 2018 with Karanj Police Station, Page 3 of 5 Downloaded on : Tue Jun 25 05:54:33 IST 2019 R/CR.MA/7427/2019 ORDER Ahmedabad, 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 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 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 once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(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;
9. Considering the nature of offence and the manner in which it has taken place and upon the arrest of the accused persons, the manner in which the victim, complainant and others have filed Affidavits for not objecting to grant of bail, it would be appropriate to impose cost on the victim for putting the Police machinery into motion. Hence, following condition is also imposed;
(g) The Victim- Imran Ijlal Shaikh shall deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) with the High Court Legal Aid Committee within a period of two weeks from today;
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R/CR.MA/7427/2019 ORDER
10. 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.
11. Bail bond to be executed before the 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA Page 5 of 5 Downloaded on : Tue Jun 25 05:54:33 IST 2019