Altabkhan Nathekhan Pathan (Altafmiya ... vs State Of Gujarat on 26 February, 2016

[Cites 4, Cited by 2]

Gujarat High Court

Altabkhan Nathekhan Pathan (Altafmiya ... vs State Of Gujarat on 26 February, 2016

Bench: A.J.Desai

              R/CR.MA/5099/2016                                                       ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5099 of 2016

         ==========================================================
              ALTABKHAN NATHEKHAN PATHAN (ALTAFMIYA NATHABHAI
                             MALEK)....Applicant(s)
                                   Versus
                       STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR YASH N NANAVATY, ADVOCATE for the Applicant(s) No. 1
         MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
         ==========================================================

                CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                        Date : 26/02/2016

                                          ORAL ORDER

1. Mr. Hardik Dave, learned advocate states that he has received instruction to appear on behalf of the original complainant and shall file his appearance on or before 03.03.2016. He has also placed a copy of affidavit on behalf of the complainant, which is taken on record. He has also identified the complainant, who is present in the Court. He states that the matter is settled between the parties.

2. Rule. learned APP waives service of notice of Rule on behalf of respondentState.

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 C.R.No. I 07 of 2016 with Aantarsuba Police Station for the offences punishable under Section 308 of the IPC and under Section 251(1A) of the Arms Act.





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                R/CR.MA/5099/2016                                                      ORDER

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

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

6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

7. I have heard learned advocates appearing for the parties. Perused the papers of investigation. Considering the affidavit of the complainant placed on record by the learned advocate appearing on behalf of the original complainant and the fact that the matter is settled between the parties and 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 to be released on bail in connection with C.R.No. I 07 of 2016 with Aantarsuba 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 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;




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                     R/CR.MA/5099/2016                                                       ORDER


                    [e]     mark   presence   at   the   concerned   police   station   on   every

Monday for a period of two months and thereafter on any day of first week of each English Calender Month 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;

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. 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.

9. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

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