Salim Abdul Vahab Pathan vs State Of Gujarat

1. Admit. Learned A.P.P. waives service of notice of admission for the respondent - State.

2. This criminal appeal is filed u/s 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short, the "Atrocity Act") against the order dated 15.11.2018 passed by the learned 2nd Additional Sessions Judge, Dahod at Limkheda in Criminal Misc. Application No.529 of 2018 whereby, the learned Judge rejected regular bail application preferred by the appellants u/s 439 of the Code of Criminal Procedure, 1973 to enlarge the appellants on regular bail in connection with the FIR being registered vide C.R.No.II-5 of 2017 with Devgadh Baria police station, Dahod for the offence punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Section 3(10) of the Atrocity Act.

3. Learned A.P.P. Ms.Chetna Shah, upon instructions of Mr.Vikramsinh Balvantsinh, Head Constable, Devgadh Baria, Page 1 of 3 R/CR.A/193/2019 ORDER states at bar that respondent No.2 is served and further, no any other offences are registered against the appellants. The learned A.P.P. further makes a statement at bar that the trial is almost over and due to transfer of cases from Dahod Court to Limkheda Court, the appellants could not remain present.

4. Now, the learned advocate for the appellants assures the Court that the appellants would remain present before the concerned learned Sessions Court, before whom, the trial is pending.

5. In view of the status of trial and the statements made at bar, present appeal is allowed and the impugned order dated 15.11.2018 passed by the learned 2nd Additional Sessions Judge, Dahod at Limkheda in Criminal Misc. Application No.529 of 2018 is hereby quashed and set aside. The appellants are ordered to be enlarged on bail on furnishing a bond of Rs.10,000/- each with surety of like amount to the satisfaction of the learned trial Court on the following condition that the appellants 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] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

R/CR.A/193/2019 ORDER

6. The competent authority will release the appellants only if the appellants are not required in connection with any other offence for the time being.

6.1. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

6.2. Bail bond to be executed before the lower court having jurisdiction to try the case.

6.3. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

6.4. 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 appellants on bail.

Direct service is permitted.

(S.H.VORA, J.) Hitesh Page 3 of 3