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CR.MA/8845/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8845 of 2010
=========================================================
MAYUDDIN
RASOOLMIYA SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
EE SAIYED FOR MRS MUMTAZ SAIYED
for
Applicant(s) : 1,
MS MINI NAIR ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/08/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with CR No. II – 36 of 2010
registered with D.C.B. Police Station, Vadodara City for the offences
punishable under Sections 21 and 29 of the NDPS Act.
Learned
advocate Mr. Saiyed for the applicant submitted that the applicant is
an innocent person and he has been falsely implicated in the
commission of offence as reflected in the FIR. The applicant has not
participated in the commission of the offence nor played any overt
act in the commission of the offence. He further submitted that
nothing is recovered from the possession of the applicant.
Considering the prayer as set out in the application, the applicant
be enlarged on bail.
Learned
APP Ms. Nair appearing on behalf of the State, while opposing the
bail application, submitted that the applicant is involved in the
serious offence punishable under Sections 21 and 29 of the NDPS Act.
Considering the role attributed to the applicant and the nature of
the offence, no discretionary relief be granted to the applicant and
the application be dismissed.
I
have heard the learned counsel for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant which is reflected in
the FIR at Annexure A as well as police papers. There is no any
direct evidence against the applicant and he has not participated in
the commission of the offence or played any overt act. Even there is
no recovery or discovery from the applicant. Considering the peculiar
facts and circumstances of the case, the applicant deserves to be
enlarged on bail. However, stringent terms and conditions are
required to be imposed on the applicant while releasing his on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. II – 36 of 2010 registered with D.C.B. Police Station,
Vadodara 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 he shall:
[a]. not
take undue advantage of his liberty or abuse his liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
his passport, if any, to the lower court within a week;
[d]. shall
mark his presence at the concerned Police Station on 16th
day of every English Calender month till the trial is over;
[e]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[f]. furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g]. maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
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.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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