Gujarat High Court
Sajidkhan @ Cheena @ Munno Chhotekhan ... vs State Of Gujarat on 27 April, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/6880/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6880 of 2018
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SAJIDKHAN @ CHEENA @ MUNNO CHHOTEKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MR MOHDSHAFI SHAIKH(6544) for the PETITIONER(s) No. 1
MR.KISHAN PRAJAPATI(7074) for the PETITIONER(s) No. 1
MR JK SHAH, APP for the RESPONDENT-STATE
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 27/04/2018
ORAL ORDER
1. The present successive bail application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-44/2017 registered with Bharuch Taluka Police Station, Bharuch for the offences punishable under Sections 395, 364, 341, 342, 325, 506(2) and 411 of the Indian Penal Code
2. Heard learned counsel for the applicant as well as learned Additional Public Prosecutor for the respondent-State.
3. Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the allegation against the present applicant as per the FIR is that the applicant has purchased the stolen goods and sold to another person. It is further submitted that the the applicant is arrested only on the basis of the statement of the co- accused and except the statement of the co-accused, there is no other Page 1 of 4 R/CR.MA/6880/2018 ORDER material to connect the present applicant in the alleged offences. It is further submitted that the offences were registered against the present applicant in the year 2003, 2005, 2006 and last in the year 2015 and 2016. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence. It is further submitted that the applicant is not having any criminal antecedent and is ready and willing to abide by the terms and conditions that may be imposed by this Court and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Ahmedabad and having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. Therefore, considering the nature and gravity of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing for the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. It is further submitted that looking to the past criminal history of the present applicant, he may not be enlarged on bail. He has further submitted that from the Page 2 of 4 R/CR.MA/6880/2018 ORDER chargesheet papers as well as FIR, there is a prima facie case against the present applicant. Therefore, the present application may be rejected.
5. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other chargesheet papers as well as the fact that the applicant is not having any criminal antecedent, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail as the chargesheet is filed, therefore, now there is no possibility of tampering with the evidence. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.I-44/2017 registered with Bharuch Taluka Police Station, Bharuch on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following 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] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
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R/CR.MA/6880/2018 ORDER
Sessions Judge concerned;
[e] mark presence before the concerned Police Station on every
Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
[f] furnish latest and permanent 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 this Court;
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 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 this stage made by this Court while enlarging the applicant on bail.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J) rakesh/ Page 4 of 4