Gujarat High Court
Qayum Karimbhai Rahimbhai Saiyad vs State Of Gujarat on 9 December, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/20363/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20363 of 2015
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QAYUM KARIMBHAI RAHIMBHAI SAIYAD....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR IMTIYAJ M KURESHI, ADVOCATE for the Applicant(s) No. 1
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 09/12/2015
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure by the applicant-original accused for regular bail in connection with F.I.R. registered at C.R. No. I - 219 of 2014 with Patan City "B" Division Police Station, Patan for the offences punishable under Sections 328, 363, 366, 376, 506(2) and 114 of the IPC and Sections 3(a), 4, 17 of the POSCO Act.
2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
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4. I have heard learned advocates appearing for the parties. Considering the allegation levelled against the present applicant, who alleged to have been abated the offences and there are no allegations of rape against the present applicant, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at C.R. No. I - 219 of 2014 with Patan City "B" Division Police Station, Patan, 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 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;
[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 for a period of three months and thereafter, on any day of first week of every English calendar month for a period of one year, between 10:00 a.m. and 2:00 p.m.;
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[f] furnish the present address of residence to the I.O. 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.
5. 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 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. Rule made absolute to the aforesaid extent.
Direct service is permitted.
(A.J.DESAI, J.) Ashish Tripathi Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Dec 10 02:17:55 IST 2015