Gujarat High Court
Rafiqbhai Kasambhai Kumbhar vs State Of Gujarat on 20 March, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/5752/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5752 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 5771 of 2018
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RAFIQBHAI KASAMBHAI KUMBHAR
Versus
STATE OF GUJARAT
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Appearance:
MR RASESH H PARIKH(3862) for the PETITIONER(s) No. 1
MR.HEMANG H PARIKH(2628) for the PETITIONER(s) No. 1,2
MR VB MALIK for the PETITIONER(s) No. 1 IN CR.MA/5771/2018
MS NISHA THAKORE APP IN CR.MA/5752/2018 (2) for the
RESPONDENT(s) No.1
MS MONALI H. BHATT APP IN CR.MA/5771/2018 (2) for the
RESPONDENT(s) No.
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 20/03/2018
ORAL ORDER
1. Learned advocate Mr.H.H. Parikh does not press Criminal Misc. Application No.5752 of 2018 qua applicant No.2.
2. Hence, Criminal Misc. Application No.5752 of 2018 qua applicant No.2 stands disposed of as not pressed. Rule qua applicant No.2 is discharged.
3. Heard learned advocate for applicant No.1 of Criminal Misc. Application No.5752 of 2018 and applicant of Criminal Misc. Application No.5771 of 2018 and learned A.P.Ps. for the respondent - State.
4. These applications are filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being C.R.No.I-13 of 2018 registered with Dhrangadhra Page 1 of 4 R/CR.MA/5752/2018 ORDER Taluka police station, Dhrangadhra for the offences punishable under Sections 392, 397, 114, 395 and 120 of the Indian Penal Code and Section 135 of the G.P. Act.
5. Briefly stated, it is alleged that the complainant is transporting the goods of the different transporters. It is alleged that on 24.02.2018, he had delivered the goods - lignite coal from Mata no Madh to Chansma and he had taken his truck to Kadi for another delivery on 25.02.2018. It is alleged that the truck was loaded at around 3:30 to 4:00 from H.N. Cotton with 100 bundles of cotton and the said goods had to be delivered to Mundra. It is alleged that his truck was intercepted by two persons, who have pushed the complainant from driver seat and one person sat over him and shown the knife and taken Rs.2000/- from his pocket. It is alleged that as the truck was driven slowly, the complainant pushed the person sat over him and jumped from the truck and the said truck was taken towards Dhrangadhra by said persons. Thus, the present complaint came to be lodged.
6. Considering the police papers supplied by the learned A.P.P. during the course of hearing, it appears that substantial investigation is over. The looted muddamal is recovered. Further, no any past antecedent is registered against the applicants. Therefore, present applications deserve consideration.
7. Hence, the applications are allowed and the applicant No.1 of Criminal Misc. Application No.5752 of 2018 and applicant of Criminal Misc. Application No.5771 of 2018 are ordered to be released on bail in connection with C.R.No.I-13 of 2018 registered with Dhrangadhra Taluka police station, Page 2 of 4 R/CR.MA/5752/2018 ORDER Dhrangadhra on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 concerned, as and when required for investigation purpose.
[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;
8. The competent authority will release the applicant No.1 of Criminal Misc. Application No.5752 of 2018 and applicant of Criminal Misc. Application No.5771 of 2018 only if they are 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 applicant No.1 of Criminal Misc. Application Page 3 of 4 R/CR.MA/5752/2018 ORDER No.5752 of 2018 and applicant of Criminal Misc. Application No.5771 of 2018 on bail.
9. Rule qua applicant No.1 of Criminal Misc. Application No.5752 of 2018 and applicant of Criminal Misc. Application No.5771 of 2018 is made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 4 of 4