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Gujarat High Court

Gulam Shabir Urf Sameer Mohammed Salim ... vs State Of Gujarat on 9 July, 2021

Author: S.H.Vora

Bench: S.H.Vora

     R/CR.MA/2330/2021                             ORDER DATED: 09/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2330 of 2021

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       GULAM SHABIR URF SAMEER MOHAMMED SALIM QURESHI
                            Versus
                      STATE OF GUJARAT
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Appearance:
RONITH JOY(9560) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA

                              Date : 09/07/2021

                               ORAL ORDER

1. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

2. This successive bail 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. II - 312 of 2019 with Athwalines Police Station, Surat City for the offences punishable under Sections 8(c), 22 and 29 of the NDPS Act.

3. Vide order dated 4.6.2020, the Hon'ble the Chief Justice has passed following order in present bail application preferred by the present applicant being Criminal Misc. Application No.7631 of 2020 annexed at Annexure B. "Heard Shri Shakeel Qureshi, learned counsel for the applicant and Ms. Nisha Thakore, learned APP for the State.

Shri Qureshi, learned counsel for the applicant after arguing at some length states that this application may be dismissed as withdrawn at this stage with a liberty Page 1 of 4 Downloaded on : Sat Jul 10 06:10:46 IST 2021 R/CR.MA/2330/2021 ORDER DATED: 09/07/2021 to file fresh application after six months. Accordingly, this application is dismissed as withdrawn with the liberty as prayed above. It is made clear that the matter shall not be treated as part heard. If any fresh application is filed after six months, same may be placed before the regular Bench taking up such matters at the relevant point of time."

This is a successive bail application and as per principles settled in case of Shahzad Hasan Khan Vs. Ishtiaq Hasan Khan reported in AIR 1987 1613 and Full Bench Decision of this court in case of Babubhai Bhabhor Vs. State of Gujarat rendered in Criminal Misc. Application No.4817 of 2004, this bail should have been placed before the Hon'ble the Chief Justice, as it was dismissed as withdrawn. But in view of the aforesaid order, the matter is taken up for hearing before this Court.

3. Heard and examined the papers placed for consideration in support of the submission made at bar.

4. Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed. The applicant is behind the bar since last two years.

(ii) The applicant is not found in possession of any contraband narco substance, but he is alleged to be proposed buyer as per the secret information received by the complainant. No any supporting evidence is placed on record to infer that the applicant is a proposed buyer of the contraband narco substance.

(iii) No doubt, the substance recovered from the co-

accused is of commercial quantity i.e. 196 gm Page 2 of 4 Downloaded on : Sat Jul 10 06:10:46 IST 2021 R/CR.MA/2330/2021 ORDER DATED: 09/07/2021 Methamphetamine drug. There is nothing on record to infer that the applicant is a proposed buyer except allegation made in the FIR not supported by any sort of material/evidence and therefore, present Criminal Misc. Application deserves consideration.

(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. II

- 312 of 2019 with Athwalines Police Station, Surat City, on executing a bond of Rs.20,000/-(Rupees Twenty Thousand only) with 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.

R/CR.MA/2330/2021 ORDER DATED: 09/07/2021 [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;

6. 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 bail.

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

(S.H.VORA, J) SHEKHAR P. BARVE Page 4 of 4 Downloaded on : Sat Jul 10 06:10:46 IST 2021