Ganikhan Hasamkhan Pathan vs State Of Gujarat on 30 June, 2014

[Cites 8, Cited by 3]

Gujarat High Court

Ganikhan Hasamkhan Pathan vs State Of Gujarat on 30 June, 2014

Bench: A.J.Desai

           R/CR.MA/8766/2014                                                                                                 ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 8766 of 2014

=============================================
                    GANIKHAN HASAMKHAN PATHAN....Applicant(s)
                                     Versus
                         STATE OF GUJARAT....Respondent(s)
=============================================
Appearance:
MR P.M.THAKKAR, SENIOR ADVOCATE for MR SAMIR AFZAL KHAN, ADVOCATE for the 
Applicant(s) No. 1
MS REETA CHANDARANA, APP for the Respondent(s) No. 1
=============================================

            CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
 
                                                  Date : 30/06/2014
 
                                                        ORAL ORDER

1. Heard Mr. P.M.Thakkar, learned Senior Advocate assisted by Mr. Samir Afzalkhan, learned Advocate for the applicant and Ms.Reeta Chandarana, learned APP for the respondent - State.

2. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I - 131 of 2013 with Vadodara City Police Station, District Vadodara for the offences punishable under Sections 302, 114, 120(B), 143, 147, 149 of the IPC and under Section 135 of the Gujarat Police Act.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. I have heard learned advocates appearing for the parties.

Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, 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 Page 1 of 2 R/CR.MA/8766/2014 ORDER to be released on bail in connection with C.R. No. I - 131 of 2013 with Vadodara City Police Station, District Vadodara on executing a bond of Rs.25,000/ (Rupees Twenty Five Thousand Only) with one local 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 at the concerned police station on alternate Monday for a period of six months;

[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.) *Kazi...

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