Mohsinkhan vs State on 16 August, 2011

  
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CR.MA/11591/2011	 4/ 4	ORDER

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 11591 of 2011
 

 
=========================================================


 

MOHSINKHAN
ILYASKHAN PATHAN - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
Appearance : 
MR
HITESH L GUPTA for
Applicant(s) : 1, 
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

Date
: 16/08/2011 

 

 
 
ORAL
ORDER

RULE.

Learned APP Mrs. Manisha L. Shah waives service of notice of Rule
for the respondent – State.

This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.81/2011 with Manjalpur Police Station, Vadodara for the
offences punishable under Sections 143, 147, 148, 149, 506(2), 307
and 120(B) of the Indian Penal Code and under Section 135 of the
B.P. Act.

Learned
Counsel appearing for the applicant submits that
the co-accused – Rashidkhan Ilyaskhan Pathan is enlarged on
bail by the Co-ordinate Bench vide an order dated 09.06.2011 passed
in Criminal Miscellaneous Application No.7720/2011 and the other
co-accused is also enlarged
by this Court vide an order dated 08.07.2011 passed in Criminal
Miscellaneous Application No.9399/2011. It is further submitted that
considering the above, nature of accusations and that now the
injured is discharged coupled with other attending circumstances,
the applicant may be enlarged on bail.

Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.

Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.

Learned
Counsels for the parties do not press for further reasoned order.

In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.81/2011 with
Manjalpur Police Station, Vadodara, on executing a bond of
Rs.5,000/- (Rupees Five 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 liberty or misuse 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 prior permission of the
Sessions Judge concerned;

e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;

f)
furnish the present address of his 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 this
Court;

The
authorities will release the applicant only if 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 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
made absolute. Direct Service is permitted.

Sd/-

(Anant
S. Dave, J.)

Caroline

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