Gujarat High Court
Hussain Harun Sama vs State Of Gujarat on 12 February, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/3338/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 3338 of 2018
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HUSSAIN HARUN SAMA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
DARSHAN M VARANDANI, ADVOCATE for the Applicant(s) No. 1
MS HANSHA PUNANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 12/02/2018
ORAL ORDER
1. Heard learned advocate, for the applicant and learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 13/2018 with Bhuj City B Division Police Station for the offences punishable under Sections 295A, 429 and 114 of the IPC and Sections 5(1) (1A), 6A (1), 8(2)(4) of the Gujarat Animal Preservation (Amendment) Act, 2017 and Section 11 (L) of The Prevention of Cruelty to Animals Act, 1960.
3. Considering the police papers supplied by learned APP during the course of hearing, it appears that the applicant is not named in the FIR, the only allegation leveled against the Page 1 of 3 HC-NIC Page 1 of 3 Created On Mon Feb 12 23:44:09 IST 2018 R/CR.MA/3338/2018 ORDER applicant is such that co-accused purchased calf from the present applicant and therefore, present application deserves consideration.
4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 13/2018 with Bhuj City B Division Police Station, 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 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;
5. 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 Page 2 of 3 HC-NIC Page 2 of 3 Created On Mon Feb 12 23:44:09 IST 2018 R/CR.MA/3338/2018 ORDER 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Tausif Page 3 of 3 HC-NIC Page 3 of 3 Created On Mon Feb 12 23:44:09 IST 2018