Sanjay @ Shano Surmabhai Menat vs State Of Gujarat on 13 April, 2016

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Gujarat High Court

Sanjay @ Shano Surmabhai Menat vs State Of Gujarat on 13 April, 2016

Bench: A.J.Desai

                    R/CR.MA/5820/2016                                                    ORDER




                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5820 of 2016

         =============================================
                       SANJAY @ SHANO SURMABHAI MENAT....Applicant(s)
                                          Versus
                              STATE OF GUJARAT....Respondent(s)
         =============================================
         Appearance:
         MR B.B. NAIK, SR. ADVOCATE  for MR PARTHIV A BHATT, ADVOCATE for the Applicant No. 1
         MR LB DABHI, APP  for the Respondent(s) No. 1
         =============================================

             CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
          
                                            Date : 13/04/2016
          
                                               ORAL ORDER

1. By way of the present successive bail application s filed under Section 439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with F.I.R. registered at C.R.No. I 16 of 2015 with Isri Police Station for the offences punishable under Sections 395, 302, 396, 460, 201, 34 and 120(B) of the IPC and under Section 135 of the G.P.Act.

2. Mr. B.B.Naik, learned advocate assisted by Mr. Parthiv Bhatt, learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.





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                  R/CR.MA/5820/2016                                                     ORDER

5. I have heard learned advocates appearing for the parties. Perused the papers of investigation. Considering the fact that it is the case of circumstantial evidence and even the case of the applicant put forwarded by the Investigating Agency against the present applicant that by relying upon the statement of the coaccused, the applicant involved in the case, there is no discovery or recovery of any weapons from the present applicant and there is no antecedent against him, the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No. I 16 of 2015 with Isri 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 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] mark presence at the concerned police station on every Monday for a period of one year and thereafter on any day of first week of each English Calender Month till the trial is over;

[f] furnish the present address of residence to the I.O. 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;



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HC-NIC                                       Page 2 of 3       Created On Thu Apr 14 02:42:07 IST 2016
                        R/CR.MA/5820/2016                                                  ORDER

6. 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. 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 bail.

7. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

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