Gujarat High Court
Sharukh @ Vela Afsar Shaikh vs State Of Gujarat on 5 February, 2020
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/2413/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2413 of 2020
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SHARUKH @ VELA AFSAR SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1,2,3
MR HK PATEL, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 05/02/2020
ORAL ORDER
1. Rule. Learned APP Mr.Patel waives service of Rule on behalf of the respondent State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-251 of 2019 registered with Pandesara Police Station, Surat for offence under Sections 379(A)(3) and 114 of the Indian Penal Code.
3. Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State Page 1 of 4 Downloaded on : Thu Feb 06 10:50:58 IST 2020 R/CR.MA/2413/2020 ORDER has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.
7. This Court has considered following aspects;
(a) the applicants are in jail since 25.9.2019; (b) investigation is over and chargesheet is filed; (c) the case is triable by Court of Magistrate; (d) I have perused the allegations levelled against the applicants; (e) it is submitted by learned advocates for the parties that TI parade is not conducted; (f) though there are other FIRs registered against the applicants, looking to the role attributed to the them in the present case, I am inclined to consider the case of the applicant.
8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court Page 2 of 4 Downloaded on : Thu Feb 06 10:50:58 IST 2020 R/CR.MA/2413/2020 ORDER in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.
9. Hence, the present application is allowed.
The applicants are ordered to be released on regular bail in connection with FIR being C.R.No.I-251 of 2019 registered with Pandesara Police Station, Surat on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of
residence to the Investigating
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R/CR.MA/2413/2020 ORDER
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 concerned trial court;
(g) not to enter into Surat city for a period of four months, except for marking presence and attending court proceedings.
10. The authorities will release the applicants only if they are 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.
11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIPUL M. PANCHOLI, J) SRILATHA Page 4 of 4 Downloaded on : Thu Feb 06 10:50:58 IST 2020