Gujarat High Court
Noorislam Aiyubbhai Sheikh vs State Of Gujarat on 5 May, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/9146/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 9146 of 2017
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NOORISLAM AIYUBBHAI SHEIKH....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR MM TIRMIZI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 05/05/2017
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 - 179/2015 with Isanpur Police Station for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the IPC and Section 12(1)(b) of the Passport Act.
3. Considering the chargesheet papers supplied by learned APP during the course of hearing, it appears that the offences alleged against the present applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat May 06 02:46:32 IST 2017 R/CR.MA/9146/2017 ORDER commencement and conclusion of trial within near future and therefore, refusal of bail at this stage will amount to pre-trial conviction, which is prohibited by law. Therefore, the application requires consideration. Further, two co-accused persons are enlarged on bail and therefore, on the ground of parity, 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 - 179/2015 with Isanpur 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 Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat May 06 02:46:32 IST 2017 R/CR.MA/9146/2017 ORDER 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.
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 Sat May 06 02:46:32 IST 2017