Gujarat High Court
Aamir S/O. Aliraza Merchant vs State Of Gujarat on 15 February, 2018
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/2055/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2055 of 2018
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AAMIR S/O. ALIRAZA MERCHANT....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MOHAMADZAID I SAIYED, ADVOCATE for the Applicant(s) No. 1
MS. MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/02/2018
ORAL ORDER
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-C.R.No. 212 of 2017 registered with the Chandkheda Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 170, 323, 384, 506, 120(b) read with Section 114 of the Indian Penal Code.
Mr. Mohamadzaid Saiyed, the 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.
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R/CR.MA/2055/2018 ORDER
Ms. Moxa Thakkar, the learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant.
I have also taken into consideration the following aspects :
1. The investigation is over. Charge-sheet is filed.
2. The offences are magistrate triable.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Feb 15 23:23:33 IST 2018 R/CR.MA/2055/2018 ORDER on regular bail.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with I-CR.No. 212 of 2017 registered with the Chandkheda 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 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 before the concerned Police Station on alternate Monday of every English calendar month for a 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;
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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Feb 15 23:23:33 IST 2018 R/CR.MA/2055/2018 ORDER 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) Bhoomi Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Feb 15 23:23:33 IST 2018