Gujarat High Court
Shabbirhussain Gulamhussian Pirzada ... vs State Of Gujarat on 21 June, 2014
Author: M.D.Shah
Bench: M.D. Shah
R/CR.MA/8741/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 8741 of 2014
================================================================
SHABBIRHUSSAIN GULAMHUSSIAN PIRZADA (SAIYED)....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
================================================================
Appearance:
MR. PANAM C SONI, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE M.D. SHAH
Date : 21/06/2014
ORAL ORDER
1. Rule. Learned APP Mr.L.B.Dabhi waives service of notice of Rule for the respondent - State.
2. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I- C.R. No.37/2011 (Sessions Case No.19 of 2012) with Paliyad Police Station, Bhavnagar for the offences punishable under Section 399 of the Indian Penal Code, under Sections 25(1)A, B and 29 of the Arms Act and under Section 135 of the Bombay Police Act. After registering of the offence, the present applicant was released on bail by this Court vide order dated 12.3.2012 Page 1 of 5 R/CR.MA/8741/2014 ORDER passed in Criminal Miscellaneous Application No.3137 of 2012. However, as during the pendency of the Sessions Case, the applicant did not remain present before the Court on various dates, the Sessions Court could not frame charge against all the accused persons and the other accused who are in jail since long time were suffering because of the absence of the present applicant. Therefore, the learned Sessions Court issued Non- bailable warrant against the present applicant and the applicant was arrested and considering the conduct of the applicant and his non- availability in the Court, the learned Sessions Court rejected the bail application of the applicant. Hence, this application is filed to release him on bail.
3. Learned Counsel appearing for the applicant submits that wife of the applicant is pregnant and that the applicant will file undertaking to the effect that as and when the matter will be fixed before the Sessions Court, he will remain present on every adjournment without fail. He requested this Court to release the applicant on bail on the ground of mercy.
4. This Court has gone through the order passed by the trial Court. It is found that accused did not remain present before the Court for Page 2 of 5 R/CR.MA/8741/2014 ORDER considerable time and the trial Court has given ample time and did not issue warrant for long time but as other accused were in jail and charge could not be framed, the trial Court has rightly issued the non-bailable warrant and rejected the bail application of the present applicant. But considering the role attributed to the present applicant, considering the earlier order passed by this Court and considering the fact that wife of the present applicant is pregnant, in opinion of this Court, the present applicant is required to be released on bail by imposing stringent conditions.
5. In view of the above, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R.No.37/2011 (Sessions Case No.19 of 2012) registered with Paliyad Police Station, Bhavnagar, on executing a personal bond of Rs.25,000/-(Rupees twenty five Thousand Only) and only on furnishing solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that he shall;
a) he shall deposit Rs.25,000/- with the trial Court as a deposit and if the present applicant will not remain present before the trial Court, Page 3 of 5 R/CR.MA/8741/2014 ORDER then this amount of Rs.25,000/- will be forfeited automatically without any order.
b) he shall file an affidavit to the effect that he shall remain present before the trial Court as and when the matter will be adjourned and if he will not remain present, then this bail will stand cancelled automatically.
c) not take undue advantage of liberty or misuse liberty;
d) not act in a manner injurious to the interest of the prosecution;
e) surrender his passport, if any, to the lower court within a week;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) furnish the present address of his 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 not required in connection with any other offence for the time being.
Page 4 of 5R/CR.MA/8741/2014 ORDER
7. 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.
8. Bail bond to be executed before the lower court having jurisdiction to try the case.
9. 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.
10. Rule made absolute. Direct Service is permitted.
(M.D.SHAH, J.) Srilatha Page 5 of 5