Gujarat High Court
Naushadali Maksood Ali Saiyed vs State Of Gujarat on 13 June, 2014
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/6505/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 6505 of 2014
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NAUSHADALI MAKSOOD ALI SAIYED....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR KARTIK V PANDYA, ADVOCATE for the Applicant(s) No. 1
MR N.J. SHAH, APP for the Respondent No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 13/06/2014
ORAL ORDER
1. By way of the present successive bail application under Section-439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with an offence being C.R.No.I- 58 of 2012 registered with DCB. Crime Police Station, for the offences punishable under Sections 121, 121(A), 123 and 120(B) of the Indian Penal Code and Section 66(F) of Information Technology Act and Section 3 of Official Secret Act.
2. Mr.Kartik Pandya, learned Advocate, appearing on behalf of the applicant submits that subsequent to the withdrawal of the earlier petition, the petitioner is served with report submitted by F.S.L., Gandhinagar with regard to cell phones and sim cards of the applicant and other persons, which were recovered from the Cyber Cafe, from which, he alleged to have calling at Pakistan. The said report does not Page 1 of 3 R/CR.MA/6505/2014 ORDER help the prosecution in proving the allegations levelled against the applicant. Learned Advocate for the applicant submits that nothing adverse is found in the FSL report and requests that the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Mr. N.J.Shah, learned AP appearing on behalf of the respondent-State has requested not to assign detailed reasons.
4. I have heard learned Advocate appearing on behalf of the respective parties and perused the papers of charge-sheet as well as Forensic Science Laboratory Report date 17/10/2013 and any adverse remarks is mentioned in the report. Considering all these aspects and also the fact that co- accused has been released on regular bail by this Court vide order dated 2.5.2013 and coupled with the fact that the applicant is in judicial custody since 2.11.2012, I am of the of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being CR No.I-58 of 2012 registered with D.C.B. Crime Police Station, on executing a personal bond of Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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 his liberty or misuse his liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender his passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of Page 2 of 3 R/CR.MA/6505/2014 ORDER the Sessions Judge concerned;
[e] mark his presence before D.C.B. Crime Police Station on any day of first week of every month for six months and, thereafter, on any day of first week of alternate month till trial is over, between 10:00 a.m. and 2:00 p.m. and [f] furnish latest address of his residence to the Investigating Officer 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 shall 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 learned 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, learned 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 is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) pnnair Page 3 of 3