Gujarat High Court
Kalavat Ilyas Musabhai vs State Of Gujarat on 9 November, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/26466/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 26466 of 2017
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KALAVAT ILYAS MUSABHAI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR KIRTIDEV R DAVE, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 09/11/2017
ORAL ORDER
1. Heard learned advocate for the applicant and learned A.P.P. 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. being C.R.No.I-60 of 2017 registered with Mangrol police station for the offences punishable under Sections 429, 295 and 114 of the Indian Penal Code, Sections 5, 6(A)(B), 8 and 10 of the Gujarat Animal Preservation Act and Section 119 of the G.P. Act.
3. Briefly stated, it is alleged that on 27.08.2017 at about 4:45 hrs., the police asked one loading rickshaw to stop and it stopped after some distance and the driver has fled away and was not identified. It is alleged that upon search of the said rickshaw, the police found mutton and beef. Therefore, present complaint came to be filed.
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4. Considering the papers of investigation supplied by the learned A.P.P. during the course of hearing, it appears that the applicant is not found at the scene of offence. The offence registered against the applicant is triable by the learned Magisterial Court. The State could not ensure that the trial would commence and conclude in near future and, therefore, refusal of bail to the applicant would amount to pre-trial conviction which is prohibited under the law. Therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I-60 of 2017 registered with Mangrol 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 concerned, as and when required for investigation purpose and attend 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;
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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.) Hitesh Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Nov 09 23:48:00 IST 2017