Gujarat High Court
Apsingbhai Malabhai Palas vs State Of Gujarat on 19 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/12032/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12032 of 2018
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APSINGBHAI MALABHAI PALAS
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the PETITIONER(s) No. 1
MS JIRGA JHAVERI, APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 19/07/2018
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-94 of 2016 with Limkheda Police Station, District: Dahod for the offences punishable under Sections 395, 396 and 397 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sections 25(1)(B.A.) and 27(1) of the Arms Act.
2. Heard Mr. Dave, the learned advocate for the applicant and Ms. Jhaveri, the learned Additional Public Prosecutor for the respondent - State.
2.1 The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the offence. He submitted that the applicant is arrested on transfer Page 1 of 4 R/CR.MA/12032/2018 ORDER warrant and thereafter, implicated in the offence in question. He submitted that no direct role has been played by the present applicant in the offence in question. Besides, nothing is recovered or discovered at the instance of the present applicant. Further, no Test Identification Parade has been carried out. Moreover, he submitted that now the charge-sheet is filed and hence, there is no possibility of tampering with the evidence.
2.2 It is further submitted that the applicant has roots in society and and is also having responsibility towards his family and he is not likely to run away and his presence can be secured during trial by imposing the the suitable conditions.
3. The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that from the charge-sheet, there appears prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may not be enlarged on bail.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
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 papers placed on record, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail as now there is no possibility of tampering with the Page 2 of 4 R/CR.MA/12032/2018 ORDER evidence as charge-sheet is filed. 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 application is allowed and the applicant is ordered to be released on regular bail in connection with the above-referred FIR on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution and shall cooperate in trial;
[c] surrender passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without prior permission of the 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 and shall also remain present as and when required by the 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 is to be executed before the lower Court having jurisdiction Page 3 of 4 R/CR.MA/12032/2018 ORDER 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 is made absolute to the aforesaid extent. Direct service is permitted.
[ P. P. Bhatt, J. ] hiren Page 4 of 4