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CR.MA/2280/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2280 of 2010
=========================================================
ISMAIL
MUSTAK ABDULRAHEMAN BHIKHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MRJAGDHISH
SATAPARA for Applicant(s) : 1,
MR DEVANG VYAS ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I 82 of 2009 with Western Railway Police Station, Ahmedabad for
the offences punishable under Sections 467, 471 and 114 of the Indian
Penal Code.
Mr. Satapara, learned
advocate for the applicant submitted that the applicant is an
innocent person and false case is foisted on him. He submitted that
considering the role attributed to the applicant, which is reflected
in the FIR to the application, this is a fit case to enlarge the
applicant on regular bail. Learned advocate for the applicant relied
upon the order dated 18.2.2010 passed by this Court in Criminal Misc.
Application No.1275 of 2010 in support of the submissions and
submitted that since the main culprit, who has been already enlarged
on bail by the aforesaid order, the applicant deserves to be enlarged
on bail.
Learned
APP Mr. Devang Vyas appearing on behalf of the State, opposed the
submissions made by the learned advocate for the applicant and
submitted that the applicant has committed serious offence, which is
punishable under Sections 467,
471 and 114 of the Indian Penal Code. Considering the manner
in which the applicant has committed the offence along with other
accused, he is not entitled for any discretionary relief and the
application be dismissed.
Having considered the
rival submissions canvassed by the learned counsel for both the
sides, the role of the applicant which is reflected in the FIR,
police papers and considering the fact that the main culprit is
already enlarged by this Court vide order dated 18.2.2010 passed in
Criminal Misc. Application No.1275 of 2010, I am of the view that the
the applicant is required to be enlarged on bail without entering
into the merits of the case and without discussing the evidence in
detail at this stage. However, stringent terms and conditions are
required to be imposed on the applicant while releasing him 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. I – 82 of 2009 filed before the Western Railway Police Station,
Ahmedabad on executing a bond of Rs.20,000/- [Rupees twenty 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
Western Railway Police Station, Ahmedabad twice in a week, i.e. on
1st and 15th of each 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.
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.
(H.B.ANTANI,
J.)
ynvyas
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