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Arif Gulambhai Meer vs State Of Gujarat

High Court Of Gujarat|05 May, 2016
1. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R. No.I­71 of 2008, registered with Morbi City Police Station, Rajkot Rural, for the offence punishable under Sections 143, 147, 148, 149, 324, 326 and 504 of the Indian Penal Code and under Sections 135 and 37(1) of the Gujarat Police Act.
2. The learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant.
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R. No.I­71 of 2008, registered with Morbi City Police Station, Rajkot Rural, on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the learned 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 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 before the concerned Police Station on alternate Monday of every English Calendar Month between 11:00 a.m. and 2:00 p.m. for six months only;
[f] furnish the present address of 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;
HC-NIC Page 2 of 3 Created On Fri May 06 03:52:58 IST 2016 R/CR.MA/7079/2016 ORDER
7. The authorities will release the applicant only if he is 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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.
(R.P.DHOLARIA,J.) ali Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri May 06 03:52:58 IST 2016
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