Gujarat High Court
Farukbhai Dilawarbhai Jeda vs State Of Gujarat on 3 April, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/5860/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5860 of 2018
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FARUKBHAI DILAWARBHAI JEDA
Versus
STATE OF GUJARAT
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Appearance:
MR BH SOLANKI (5353) for the PETITIONER(s) No. 1
Ms MONALI BHATT, APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 03/04/2018
ORAL ORDER
1. Heard Mr. Solanki, learned advocate, for the applicant and learned APP, for the respondent-State.
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. I - 58/2017 with Maliya Miyana Police Station for the offences punishable under Sections 394, 323, 504, 506(2), 114 of the IPC and u/s 135 of the G.P. Act.
2.1 The gist of the case is that on the day of the incident, complainant and his father were on the way to Ashapura Temple by walk and when the father of the complainant went on natural call, four persons came towards the complainant and looted cash amount as well as other articles. Hence, present FIR.
3. Considering the charge sheet papers supplied by learned Page 1 of 3 R/CR.MA/5860/2018 ORDER APP during the course of hearing, it appears that the applicant is not put to TI parade nor any mobile phone or gold ring is recovered from the applicant. 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. Learned APP states at bar that there are 40 other antecedents registered against the applicant under the Prohibition Act. But looking to the role attributed to the present applicant, pendency of other offences registered against the applicant becomes insignificance or irrelevant, when the applicant is neither identified through TI parade nor mobile phone or gold ring is recovered from the applicant. Therefore, present Criminal Misc. Application deserves consideration.
4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 58/2017 with Maliya Miyana 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;
[c] not leave the territory of India without prior permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer
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R/CR.MA/5860/2018 ORDER
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;
5. 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 3 of 3