Gujarat High Court
Munavar @ Munno Munafbhai Mirza vs State Of Gujarat on 16 July, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/4159/2021 ORDER DATED: 16/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4159 of 2021
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MUNAVAR @ MUNNO MUNAFBHAI MIRZA
Versus
STATE OF GUJARAT
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 16/07/2021
ORAL ORDER
1. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.
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-48 of 2017 with Gandevi Police Station, Navsari for the offences punishable under Sections 302 and 201 of IPC.
3. Facts of the case is as under :-
3.1. Complainant is step son of the deceased and that the deceased used to drive the tempo of the complainant and on 25th August, 2017 when the complainant was in Palej at that time the deceased called the complainant on his phone and informed that he is on his way from Valsad to Palej and had loaded stock of Aemkore company but when he reached Aedhal village in Navsari at that time the axel of the Tempo is damaged and therefore told the complainant to bring the mechanic and therefore, complainant contacted his known Page 1 of 5 Downloaded on : Sun Jul 18 07:38:55 IST 2021 R/CR.MA/4159/2021 ORDER DATED: 16/07/2021 mechanic namely Ikrambhai and along with him a friend namely Deepakbhai left Palej with necessary equipment in his pickup van at around 10. 30 am and called deceased, however, ring was passing but deceased was not picking up the call and therefore, they had gone till Chikhli to see the Tempo and thereafter returned towards Adhel Village and on National Highway no.8 on the way from Mumbai to Ahmedabad they found the tempo of the deceased wherein the Axel of back wheel was damaged, however, they were not able to find the deceased and therefore, they searched him around but were unable to find the deceased and therefore, complainant left the mechanic to repair the tempo and left in pickup van with his friend to look for the deceased in meanwhile, the complainant received call from phone of deceased wherein the police had called and informed that they have found dead body of the deceased from a truck of sand in Palsana and therefore they reached police station immediately and saw dead body of the deceased and the truck and the owner of the truck namely Faridkhan Bishmillah Pathan who had informed the police about the incident that the truck driver that is the applicant had been sent to deliver sand (construction material) and that at around 11.00 am the applicant had loaded the truck from Chikhli and was dropping the same in Bauge Firdosh and while unloading found a hand and therefore, the same was inquired but driver didn't knew about it and the truck was brought to the police station and then the dead body of deceased was taken out and two mobile phones and aadhar card was found and the deceased body was shown to the complainant and the same had injury on the neck and thereafter on 27 th August, 2017 while interrogation of the applicant, the applicant had informed that he had a quarrel with the deceased due to some Page 2 of 5 Downloaded on : Sun Jul 18 07:38:55 IST 2021 R/CR.MA/4159/2021 ORDER DATED: 16/07/2021 reason and therefore, the applicant had beaten him with the wheel opening tool of the truck and therefore, the deceased had died and post mortem report also states reason of death due to injury on neck and therefore, the complainant believes that due to quarrel because of some reason the applicant had killed the deceased. Therefore, FIR is filed.
4. Heard and examined the papers placed for consideration in support of the submission made at bar.
5. Upon hearing submission, following picture emerges on record :-
(i) Charge sheet is filed.
(ii) The applicant is behind bar since 27.08.2017.
(iii) The prosecution case is at the midst of evidence.
Nodoubt two important witnesses i.e. complainant and owner of the truck from which dead body of complainant's father was found have not supported prosecution case.
(iv) It is case of the prosecution that dead body of complainant's father was found in the truck driven by the present applicant and said truck was carrying kappachi (small pieces of stone). There is no iota of evidence as to actual occurrence of incident or any witness seen the applicant and deceased together at any point of time prior to incident. In nutshell, except recovery of dead body in the truck, there is no evidence available to connect present applicant with the offence. Therefore, present application deserves consideration.
(v) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering Page 3 of 5 Downloaded on : Sun Jul 18 07:38:55 IST 2021 R/CR.MA/4159/2021 ORDER DATED: 16/07/2021 with the evidence /witnesses is expressed.
(vi) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.
6. 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-48 of 2017 with Gandevi Police Station, Navsari 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;
7. 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 4 of 5 Downloaded on : Sun Jul 18 07:38:55 IST 2021 R/CR.MA/4159/2021 ORDER DATED: 16/07/2021 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.
8. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SATISH Page 5 of 5 Downloaded on : Sun Jul 18 07:38:55 IST 2021