Gujarat High Court
Alimamad Arab Mokha vs State Of Gujarat on 6 August, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/13593/2021 ORDER DATED: 06/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13593 of 2021
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ALIMAMAD ARAB MOKHA
Versus
STATE OF GUJARAT
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 06/08/2021
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.
3. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at II-C.R.No.11205042211488 of 2021 with Bhuj 'A' Division Police Station, Kachchh for the offences punishable under Sections 295A, 429, 114 of IPC, under section 5(1), 6(B) (1), 8(1), 8(2), 8(4) of the Gujarat Animal Preservation (Amendment) Act, 2017 and under section 11(1)(L) of Animal Cruelty Act.
4. Heard and examined the papers placed for consideration in support of the submission made at bar.
5. Upon hearing submission, following picture emerges on record :-
(i) Substantial investigation is over.Page 1 of 3 Downloaded on : Sun Jan 16 06:39:16 IST 2022
R/CR.MA/13593/2021 ORDER DATED: 06/08/2021
(ii) The applicant is not found in possession of meat, but he is alleged to be supplier.
(iii) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law.
(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
6. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at II-C.R.No.11205042211488 of 2021 with Bhuj 'A' Division Police Station, Kachchh on executing a 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 the applicant 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] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer Page 2 of 3 Downloaded on : Sun Jan 16 06:39:16 IST 2022 R/CR.MA/13593/2021 ORDER DATED: 06/08/2021 concerned, as and when required for investigation purpose and attend the Court concerned regularly.
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
7. The competent authority will release the applicant only if the applicant 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 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. 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SATISH Page 3 of 3 Downloaded on : Sun Jan 16 06:39:16 IST 2022