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CR.MA/743520/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7435 of 2008
============================================
SHAKILBHAI
ABDULGAFUR SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
============================================
Appearance
:
MS.SAMATA V
PATEL for Applicant(s) : 1,
MS. FHALGUNI PATEL
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/07/2008
ORAL
ORDER
1. Rule.
Ms. Fhalguni Patel, learned APP, waives service of notice of Rule for
respondent – State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-14 of 2007 with Modasa Town Police Station for the offences
punishable under Sections 465, 467, 468, 471 of Indian Penal Code and
Section 13(1) (b) of Prevention of Corruption Act.
3. Ms.
Samata Patel learned counsel for the applicant submits that the
applicant had preferred Criminal Misc. Application before this Court,
which was withdrawn at that stage.
4. The
case of the applicant is that against the applicant the above
offences came to be registered with regard to registration of vehicle
and transactions which took place and transfer of the vehicle in the
name of different party. The applicant is a bona fide purchaser and
the vehicle was purchased in a public auction and the applicant is
falsely implicated in the crime. There is no direct or indirect
evidence and no fake certificate is produced by the applicant.
4.1.
Learned advocate for the applicant further submits that other
co-accused against whom similar offences came to be registered, were
enlarged on bail by the co-ordinate court vide order dated 25.1.2008
passed in Criminal Misc. Application No.858 and 868 of 2008 (Coram:
Hon’ble Mr. Justice D.N.Patel). Not only that but even the concerned
Sessions Court has also considered cases of other accused. Now the
investigation is on verge of completion and only opinion of hand
writing expert is to be obtained. Therefore, the case of the
applicant deserves consideration.
5. Heard
Ms. Fhalguni Patel, learned APP for the respondent State. In
answer to the above, learned APP has produced communication dated
18.7.2008 which is addressed by Dy. Supdt. Of Police, Modasa
Division, Modasa, Dist. Sabarkantha, which is ordered to be taken on
record and according to the In-charge Investigating Officer, if the
applicant is released on bail by imposing appropriate conditions, it
will not be harmful to the investigation.
6. Having
heard the learned advocates appearing for the parties and considering
the facts and circumstances of the case, and that the petitioner is
arrested on 29.5.2008 and since then he is in jail and other
co-accused who were facing similar charges are already ordered to be
enlarged on bail and considering the communication dated 18.7.2008,
where no apprehension is shown by the Investigation Authority about
any harm to cause to the investigation, in case if the applicant is
released by imposing suitable conditions and even on ground of
parity, I deem it just and proper to consider the case of the
applicant for granting the regular bail and, therefore, it is hereby
ordered to enlarge the applicant on bail.
7. 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 at C.R.No.I-14 of 2007 with
Modasa Town Police Station, on his executing a bond of Rs.25,000/-
(Rupees Twenty 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 his liberty or misuse 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 prior permission of the Sessions
Judge concerned;
(e) mark
his presence at the concerned police station on the first and third
Sunday of every month between 10.00 a.m. and 3.00 p.m.
(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 the
residence without prior permission of this Court;
8. The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
9. 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.
10. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
[ANANT
S. DAVE, J.]
//smita//
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