Gujarat High Court Case Information System
Print
CR.MA/1008920/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10089 of
2008
=========================================
IMRANKHAN
ISTIYAK KHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,
MS MANISHA
SHAH, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/08/2008
ORAL ORDER
1. RULE.
Ms Manisha Shah, learned Additional Public Prosecutor waives service
of rule on behalf of the State. At the request of the learned
counsel appearing for the parties, this application is taken up for
hearing today.
2. This
application is filed under section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
CR No. I 231 of 2007 registered before Kanbha Police Station,
Ahmedabad Rural for the offences punishable under Sections 302, 397,
201, 411 and 34 of the Indian Penal Code.
3. Mr
MM Tirmizi, learned advocate for the petitioner submitted that
considering the role attributed to the petitioner, it is a fit case
to release the petitioner on bail. He submitted that the petitioner
was denied bail by the learned Additional Sessions Judge because some
stolen goods were found from the petitioner. Learned advocate for
the petitioner submitted that there is no other material to rope in
the petitioner in connection with the offence, and, therefore, the
prayer as set out may kindly be granted.
4. On
the other hand, learned Additional Public Prosecutor, Ms Manisha
Shah, relying on the FIR at Annexure ‘A’ and the order dated
19.06.2008 passed by the learned Additional Sessions Judge, Fast
Track Court No.7, Ahmedabad Rural in Criminal Misc. Application No.
638 of 2008 submitted that the petitioner is involved in serious
offences and considering the nature of the offences and the manner in
which the petitioner is involved in the said offences, the
application deserves to be rejected.
5. After
considering the rival submissions and on perusal of the FIR as well
as the order passed by learned Additional Sessions Judge in Criminal
Misc. Application No. 638 of 2008, the petitioner is booked for
offences punishable under Sections 302, 397, 201, 411 and 34 of the
Indian Penal Code. Considering the role attributed to the petitioner,
prima facie, the petitioner was not directly involved in the
commission of offences and he was found in possession of some stolen
goods. Reading the FIR, save and except the aforesaid role, no other
role can be prima facie attributed to the petitioner. In view of the
above, considering the peculiar facts and circumstances of the case
and the role attributed to the petitioner, I am of the view that the
petitioner is required to be enlarged on regular bail at this stage,
without entering into the merits of the case and without discussing
the evidence in detail.
6. In
the facts and circumstances of the case, the petition is allowed and
the petitioner is ordered to be enlarged on bail in connection with
CR No. I 231 of 2007 registered before Kanbha Police Station,
Ahmedabad Rural 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]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e]. mark
his presence at the concerned police station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[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.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.
Antani, J.)
mrpandya*
Top