Gujarat High Court
Irfan Mohmed Yusuf Michal vs State Of Gujarat on 22 April, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/2720/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2720 of 2021
==========================================================
IRFAN MOHMED YUSUF MICHAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ANURAG RATHOD for MR ASHISH M DAGLI(2203) for the Applicant
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 22/04/2021
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. 11187005200138 of 2020 with Kothamba Police Station for the offences punishable under Sections 406, 420, 409, 120(B) of the IPC and u/s 3, 11(1)(d), 11(1)(e), 11(1)(a), 11(1)(h), 11(1)(k), 5, 6, 8, 6(A) and 6(B) of the Prevention of Animal Cruelty Act.
3. Heard and examined the papers placed for consideration in support of the submission made at bar.
4. Upon hearing submission, following picture emerges on record :-
(i) Charge sheet is filed. Only role attributed to the present applicant is that he loaded two bullocks in the pick up vehicle, but there is no any supporting evidence Page 1 of 3 Downloaded on : Fri Jan 14 03:20:42 IST 2022 R/CR.MA/2720/2021 ORDER to that effect. In view of such situation, the issue of pendency of other offences against the applicant becomes insignificant and irrelevant aspect to be considered. Other co-accused are enlarged on bail.
(ii) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law.
(iii) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.
(iv) 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.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11187005200138 of 2020 with Kothamba Police Station, 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;
Page 2 of 3 Downloaded on : Fri Jan 14 03:20:42 IST 2022 R/CR.MA/2720/2021 ORDER
[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;
6. 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 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Fri Jan 14 03:20:42 IST 2022