Vazeerhussain Gulammohammad Momin vs State Of Gujarat on 9 September, 2021

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Gujarat High Court

Vazeerhussain Gulammohammad Momin vs State Of Gujarat on 9 September, 2021

Bench: A.Y. Kogje

   R/CR.MA/13874/2021                                ORDER DATED: 09/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 13874 of 2021

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               VAZEERHUSSAIN GULAMMOHAMMAD MOMIN
                               Versus
                         STATE OF GUJARAT
=============================================
Appearance:
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
MS NOOPUR V PARIKH(11248) for the Applicant(s) No. 1
MR. L. B. DABHI, APP for the Respondent(s) No. 1
=============================================

 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 09/09/2021

                               ORAL ORDER

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.II11191012210675 of 2021 with DANI LIMDA POLICE STATION AHMEDABAD CITY, for the offence punishable under Sections 4(3), 5(A), 5(C), 5(D), 5(E) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

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R/CR.MA/13874/2021 ORDER DATED: 09/09/2021

4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered : I) The F.I.R. is registered on 28052021 for the offence which is alleged to have taken place between 01012019 to 28052021;

II) The applicant is in custody since 04062021;

III) Investigation is concluded and chargesheet is filed;

IV) Learned Advocate for the applicant submitted that the applicant is not named in the FIR.

V) Learned Advocate for the applicant submitted that Coaccused identically situated have been enlarged on regular bail. Hence, applying principle of parity.

VI) Learned Advocate for the applicant under instruction submitted that even from the FIR, monitory benefit received by the applicant is to the tune of Rs.7,59,000/. Learned Advocate for the applicant under instruction submitted that the applicant is ready and willing to deposit without prejudice Rs.4,00,000/.

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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R/CR.MA/13874/2021 ORDER DATED: 09/09/2021

7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.II 11191012210675 of 2021 with DANI LIMDA POLICE STATION AHMEDABAD CITY, 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) shall deposit an amount of Rs.4,00,000/ (Rupees Four Lakhs only) within the period of three months from the date of his release before the trial Court;

(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(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 Trial Court;

8. 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.

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R/CR.MA/13874/2021 ORDER DATED: 09/09/2021

9. 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.

10.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.

11.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA Page 4 of 4 Downloaded on : Sun Jan 16 13:29:38 IST 2022

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