Gujarat High Court
Samir Firozbhai Mithani vs State Of Gujarat on 10 August, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/8107/2022 ORDER DATED: 10/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8107 of 2022
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SAMIR FIROZBHAI MITHANI
Versus
STATE OF GUJARAT
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR UMANG R VYAS(5595) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 10/08/2022
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.11210050220160 of 2022 registered with Rander Police Station, Dist. Surat City, for the offences punishable under Sections 465, 468 and 471 of the IPC and Sections 30 and 35 of the Medical Practitioner Act, 1963.
3. The brief facts giving rise to filing of present application are that the applicant without any qualification, was indulged into medical practice by forging necessary degree certificates.
4. It is the submission of learned counsel for the applicant that he is suffering confinement since 18.02.2022 and charge- sheet has already been filed. Hence, further detention of the Page 1 of 3 Downloaded on : Wed Aug 10 21:10:22 IST 2022 R/CR.MA/8107/2022 ORDER DATED: 10/08/2022 applicant is unwarranted.
5. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant.
6. Heard Mr. Rutvij Oza, learned advocate for the applicant and Ms. Monali Bhatt, learned APP for the respondent-State.
7. Having considered the rival contentions of learned advocates appearing for the respective parties and material placed on record, it appears that, entire case is based on documentary evidence and the same is in possession of the investigating agency. The applicant is co-operating with the trial proceedings. He is in custody since 18.02.2022. In such circumstances, when further custody of the applicant is not necessary, keeping him behind bar would not serve any further purpose. Therefore, this Court is of the view that the matter deserves consideration.
8. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11210050220160 of 2022 registered with Rander Police Station, Dist. Surat City, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
No. Conditions
(a) not take undue advantage of liberty or misuse Page 2 of 3 Downloaded on : Wed Aug 10 21:10:22 IST 2022 R/CR.MA/8107/2022 ORDER DATED: 10/08/2022 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 India without prior permission of the Sessions Judge concerned;
(e) furnish latest 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 the trial Court;
9. 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Wed Aug 10 21:10:22 IST 2022