Gujarat High Court
Riyazhussain Abdul Aziz Sheikh vs State Of Gujarat on 3 February, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/20107/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20107 of 2016
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RIYAZHUSSAIN ABDUL AZIZ SHEIKH....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR GAJENDRA P BAGHEL, ADVOCATE for the Applicant(s) No. 1
MS CHETNA M SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 03/02/2017
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 17/2016 registered with Balasinor Police Station, District: Mahisagar, for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120(B) & 114 of IPC.
2. Learned advocate for the applicant submits that the present applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that the investigation is over, charge sheet is filed, and therefore, now there is no possibility of tampering with the evidence and the applicant is ready and willing to Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun Aug 13 09:00:33 IST 2017 R/CR.MA/20107/2016 ORDER abide by the conditions that may be imposed while releasing the applicant on regular bail. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence that some of the accused have been granted anticipatory bail and one of the accused has been granted regular bail.
4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the applicant submits that in pursuant to interim order dated 18.11.2016, an amount of Rs.2 lakhs was deposited on 15.12.2016. Thereafter, amount of Rs.3 lakhs has been deposited on 02.02.2017. Receipts are also produced before this Court.
5. Regard being had to the above submissions and considering the nature and gravity of accusation made against the applicant in the FIR and other charge sheet papers, as also considering the fact that amount of Rs.5 lakhs has been deposited by the applicant, this Court is of the view that discretion is required to be exercised to enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Aug 13 09:00:33 IST 2017 R/CR.MA/20107/2016 ORDER is ordered to be released on regular bail in connection with the offence being C.R.No.I-17/2016 registered with Balasinor Police Station, District: Mahisagar 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 learned 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] 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 every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.; [f] furnish latest and permanent 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;
[g] the Branch Manager of Balasinor, State Bank of India shall be at liberty to file an appropriate application before the concerned Trial Court for withdrawal of Rs.5,00,000/- (Rupees five lakhs only) so that the said amount can be returned back to the account holders from whose account this money has been withdrawn.
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R/CR.MA/20107/2016 ORDER
[h] the amount deposited by the applicant be placed in fix
deposit in any nationalized bank initially, for a period of six months or till the application that may be filed by the Branch Manager, Balasinor Branch of State Bank of India is decided in the event of not permitting the withdrawal of the amount during pendency of trial. The said fix deposit be renewed for a further period as may be deemed fit and proper by the concerned trial Court.
6. 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 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.
(P.P.BHATT, J.) NEHA Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Aug 13 09:00:33 IST 2017