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Ibrahim @ Bholo Kasambhai Paleja vs State Of Gujarat on 15 September, 2023

                                                                                NEUTRAL CITATION




     R/CR.MA/16451/2023                           ORDER DATED: 15/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 16451 of 2023

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                     IBRAHIM @ BHOLO KASAMBHAI PALEJA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 15/09/2023
                               ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule for the respondent - State.

2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11203068220453 of 2022 registered with Vanthali Police Station, District Junagadh for the offences punishable under Sections 307, 323, 324, 143, 147, 148, 149, 447 and 294(2) etc. of the IPC and under Section 135 of the G.P.Act.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent

- State vehemently submits that, the offences, which have Page 1 of 4 Downloaded on : Sat Sep 16 17:28:09 IST 2023 NEUTRAL CITATION R/CR.MA/16451/2023 ORDER DATED: 15/09/2023 undefined been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 28.10.2022;

(ii) the investigation is over and the charge-sheet is filed;

(iii) Co-accused viz. Sohail Iqbalbhai Chauhan - Pinjara is released on regular bail by the Sessions Court, Vanthali vide order dated 11.11.2022 passed in Criminal Misc.

Application No. 166 of 2022 and other co-accused viz. Abdulbhai Kasambhai Paleja and Nurmahmad Kasambhai Paleja are released on regular by the Coordinate bench of this Court vide order dated 13.02.2023 passed in Criminal Misc. Application No. 2576 of 2023 and vide order dated 08.08.2023 passed in Criminal Misc. Application No. 7323 of 2023;

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11203068220453 of 2022 registered with Vanthali Police Station, District Junagadh on executing personal bond of Rs.10,000/-

NEUTRAL CITATION R/CR.MA/16451/2023 ORDER DATED: 15/09/2023 undefined (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 he shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the learned trial Court concerned;

[e] furnish latest 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 the trial Court;

[f] not enter into District Junagadh for a period of six months and shall provide latest address to the concerned police station, where he is going to reside for a period of six months and mark their presence at the concerned police station on 1st and 16th day of every month for a period of six months;;

7. The Authorities 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 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.

NEUTRAL CITATION R/CR.MA/16451/2023 ORDER DATED: 15/09/2023 undefined

8. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S. V. PINTO,J) F.S.KAZI....