MoyuddIn Alias Moyo Batako Malang Shaikh Vs. State of Gujarat - Court Judgment

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13462 of 2011

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

MOYUDDIN

ALIAS MOYO BATAKO MALANG SHAIKH - Applicant(s)

Versus

STATE

OF GUJARAT - Respondent(s)

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

Appearance

:
MR

YASH N NANAVATY for

Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :

1,
=========================================================

Date

: 05/10/2011

ORAL

ORDER

1. Heard

   learned Advocate for the applicant and learned APP Mr.Pandya, on

   behalf of respondent.

2. The

   applicant has preferred this application, under Section 439 of the

   Code of Criminal Procedure, for enlarging him on bail in connection

   with the offence being CR No. I-61 of 2011 registered with

   Salabatpura Police Station, Surat, for the offence u/ss. 302,

   294(B), 188, 114 of Indian Penal Code.

3. Learned

   Advocate, appearing on behalf of the applicant has contended that

   looking to the police papers, prima facie, case is not made out

   against the applicant. He has contended that looking to papers, it

   clearly appears that false, frivolous and fabricated allegations

   have been made against the applicant. He has contended that even, as

   per the allegation made by the complainant, only stick blow alleged

   to have been given by the applicant. As per Post Mortem Report,

   there is no head injury. He has contended that now the charge-sheet

   is filed and, therefore, there is no question of tampering with the

   evidence by the applicant. Learned APP has also vehemently opposed

   the grant of this application.

4. Having

   heard the learned Counsel for both the sides and looking to the

   facts and circumstances of the case and looking to the fact that the

   charge-sheet is already filed, therefore, without entering into the

   merits of the matter, I am inclined to grant bail to the applicant.

   Both the learned Advocates do not press for reasoned order.

5. Considering

   the above, this Application is allowed. The applicant is ordered to

   be released on bail in connection with CR No. I-61 of 2011

   registered with Salabatpura Police Station, Surat, for the offences

   alleged against him in this application on his executing a Bond of

   Rs.10,000/- (Rupees ten thousand only) with one solvent 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

to try to tamper or pressurize the prosecution witnesses or

complainant in any manner;

c) maintain

law and order and should cooperate the Investigating Officers;

d) not

act in a manner injurious to the interest of the prosecution;

e) not

leave the State of Gujarat till the disposal of Sessions case

without the prior permission of the concerned Sessions Judge.

f) not

enter into the territorial limits of Salabatpura Police Station,

Surat, and he shall mark his presence on the every last day of

English Calender month;

f) furnish

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;

g) surrender

his passport, if any, to the lower Court within a week.

1. If

   breach of any of the above conditions is committed, the concerned

   Sessions Judge will be free to issue warrant or take appropriate

   action in the matter.

1. Bail

   before the lower Court having jurisdiction to try the case. It would

   be open to the trial Court concerned to give time to furnish the

   solvency certificate if prayed for.

1. Rule is made absolute. Direct

   service is permitted.

(Z.K.SAIYED,J.)

sas