Aarifkhan Ishakkhan Mevu vs State Of Gujarat on 18 July, 2019

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Gujarat High Court

Aarifkhan Ishakkhan Mevu vs State Of Gujarat on 18 July, 2019

Bench: Vipul M. Pancholi

      R/CR.MA/12828/2019                                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
      R/CRIMINAL MISC.APPLICATION NO. 12828 of 2019
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                 AARIFKHAN ISHAKKHAN MEVU
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR. AAMIR S PATHAN(7142) for the Applicant(s) No. 1
SAFI H PATHAN(8805) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                             Date : 18/07/2019

                                   ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I22 of 2018 registered with Shahibaug Police Station, Ahmedabad for offence under Sections 323, 294(b), 342, 364(a), 386, 392, 406, 420, 506(2), 120B of IPC and section 25(A), 25(1), B(A) of the Arms Act.

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

3. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the Page 1 of 4 Downloaded on : Fri Jul 19 03:38:24 IST 2019 R/CR.MA/12828/2019 ORDER offence.

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

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. This Court has considered the following aspects:

(a) applicant is in jail since 14.11.2018.

(b) investigation is concluded and charge sheet is filed.

(c) case is triable by Court of Magistrate.

(d) it is submitted by learned advocate for the applicant that applicant is not named in the FIR. He is implicated on the basis of the statement of the coaccused.

(e) it is also submitted that there is no recovery or discovery from the applicant.

Though there are other cases registered against the applicant, looking to the role attributed to the applicant in the present matter and in the facts and circumstances of Page 2 of 4 Downloaded on : Fri Jul 19 03:38:24 IST 2019 R/CR.MA/12828/2019 ORDER the present case, I am inclined to consider his case.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed.

The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I22 of 2018 registered with Shahibaug Police Station, Ahmedabad on executing a personal 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 injurious 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 before the concerned Police Station between 1st to 10th day of every English calendar month for a Page 3 of 4 Downloaded on : Fri Jul 19 03:38:24 IST 2019 R/CR.MA/12828/2019 ORDER period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of 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;

9. 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.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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

(VIPUL M. PANCHOLI, J) Jani Page 4 of 4 Downloaded on : Fri Jul 19 03:38:24 IST 2019

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