Innayat Iqbalbhai Dudhwala vs State Of Gujarat on 12 January, 2017

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Gujarat High Court

Innayat Iqbalbhai Dudhwala vs State Of Gujarat on 12 January, 2017

Bench: A.J.Desai

                  R/CR.MA/34789/2016                                                   ORDER



                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      CRIMINAL MISC.APPLICATION  NO. 34789 of 2016
                                  (FOR REGULAR BAIL)

         =============================================
                         INNAYAT IQBALBHAI DUDHWALA....Applicant(s)
                                          Versus
                             STATE OF GUJARAT....Respondent(s)
         =============================================
         Appearance:
         MR G RAMAKRISHNAN, ADVOCATE for the Applicant(s) No. 1
         MR MITESH AMIN, PUBLIC PROSECUTOR  for the Respondent(s) No. 1
         =============================================

                  CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
          
                                         Date : 12/01/2017
          
                                             ORAL ORDER

1. 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 330 of 2016 with Vadodara City Police Station, District Vadodara, for the offences punishable under Sections 143, 144, 145, 147, 148, 149, 151, 152, 332, 427, 437, 307, 308 and 120B of Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act, 1908 and Section 135 of the Gujarat Police Act.

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

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

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




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                  R/CR.MA/34789/2016                                                  ORDER

5. I have heard learned advocates appearing for the parties and perused the papers of investigation. Considering the fact that co accused has been considered by coordinate bench of this Court vide order dated 29.12.2016 passed in Criminal Misc. Application No. 34586 of 2016, the offence as alleged in the FIR and also considering the nature of allegations made in the FIR against the applicant that the applicant is found present at the time of occurrence of the offence as well as in the scuffle between two communities, person has died on the side of the applicant accused, 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 330 of 2016 with Vadodara City Police Station, District Vadodara, 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;

[e] mark presence at the concerned Police Station firstly on 4.1.2017 (Wednesday) and thereafter on every Friday of each English Calendar month for a period of three months and thereafter any day of the first week of every English calendar month for a period of one year, between 11.00 a.m. and 2.00 p.m.;




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                       R/CR.MA/34789/2016                                                   ORDER



                    [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;

6. 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.

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

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

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