Gujarat High Court
Irfanbhai @ Paniyo Ashrafbhai Sumra vs State Of Gujarat on 27 June, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/7215/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7215 of 2018
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IRFANBHAI @ PANIYO ASHRAFBHAI SUMRA
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 27/06/2018
ORAL ORDER
1. Heard Mr. Dagli, learned advocate, for the applicant and learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 72/2016 with Gangajalia Police Station for the offences punishable under Sections 143, 147, 148, 149, 302, 120B of the IPC read with sections 25(B)(1)(A) and 27(3) of the Arms Act and u/s 135 of the Gujarat Police Act.
2.1 Briefly stated, it is the case of the complainant that his son received a phone call and informed that Mr.Javed had some dispute near Mahammadi Masjid. Thereafter, he went to the place and found that so many persons were gathered and Mr.Javed was lying in bleeding condition. It is alleged that Page 1 of 4 R/CR.MA/7215/2018 ORDER wife of the complainant made an inquiry and came to know that because of old dispute with one Mr.Ubed Karimbhai, his brother Mr.Imdad Karimbhai, Mr.Vali Jamal, his brother Mr.Rizwan Jamal Yasin @ Pepo, Mr.Paniyo, Mr.Ilyas Belim Bopo and Mr.Haji Umar Hanif @ Hafa Seth, all the persons made an assault with their weapons. Thus, the present complaint came to be filed.
3. Considered the charge sheet papers supplied by learned APP during the course of hearing. Learned APP could not point out any evidence connecting the present applicant with the offence except statement of Mr. Ramiz. It is a matter of fact that no TI parade is arranged nor the applicant is found in CCTV footage. Except recovery of knife that too without blood stain, no other evidence is pointed out by learned APP during the course of hearing. It is a matter of fact that there is also cross complaint and thus, there is allegation of aggression and counter aggression. Learned APP, during the course of hearing, further states at bar that there are three other offences registered against the applicant and therefore, suitable condition may be imposed, if the applicant is enlarged on bail. Therefore, it is not legal and proper to deny bail to the present applicant on such weak piece of evidence, but after considering the antecedents registered against the present applicant, present Criminal Misc. Application deserves consideration by imposing suitable condition.
4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 72/2016 with Gangajalia Police Station, on executing a bond of Rs.20,000/-(Rupees Twenty Thousand only) with Page 2 of 4 R/CR.MA/7215/2018 ORDER one surety of the like amount to the satisfaction of the 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] 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;
[f] not enter the limits of Bhavnagar district for six months except for the purpose of investigation and attending the Court.
5. The competent authority 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 take appropriate action in the matter. 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. 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 Page 3 of 4 R/CR.MA/7215/2018 ORDER bail.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 4 of 4