IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
AKHTARBHAI NOORBHAI SHAIKH - Appellant
Versus
STATE OF GUJARAT - Respondent
Criminal Miscellaneous Application No. 7933 of 2018
Decided on : 01-02-2019
Code of Criminal Procedure, 1973 - Section 439(2) - Bail sought - It appears from the materials on record that the applicant herein lodged a First Information Report at the Police Station, vide I CR for the offences punishable - In the said FIR, the respondents nos. 2 to 5 have been arrayed as the accused persons - Held, Impugned order passed by the Court below is not disturbed but at the same time, a condition is being imposed that the respondents nos. 2 to 5 shall not enter the city till the conclusion of the trial - They shall enter Ahmedabad only for the purpose of marking their presence at the concerned police station. The Court below has directed the accused persons to mark their presence at the concerned police station till the filing of the chargesheet - However, Court deem fit to modify the said condition and direct the accused persons to mark their presence at the concerned police station on every first and fifteenth day of the month till the recording of the evidence of the first informant and the injured witness is over - Application disposed of. (Para 14)
J. B. PARDIWALA, J.
1. This application under Section 439(2) of the Code of Criminal Procedure, 1973 is at the instance of the original complainant with the following prayers:
"16A Admit this Criminal Misc. Application.
B. Allow this Criminal Misc. Application by cancelling Regular bail granted to Respondent No.2 to 5 in connection with Ist C.R. No. 21 of 2018 registered with Vejalpur Police Station and also quash and set aside order passed by Ld. 8th Additional Sessions Court dated 12th March 2018 in Criminal Misc. Application No. 483 of 2018 granting Regular Bail.
C. Pending admission hearing till final disposal of this Application stay the operation, execution and implementation of the impugned order dated 12th March 2018 in Criminal Misc. Application No. 483 of 2018 granting Regular Bail to Respondent No.2 to 5.
D. Grant such other and further relief/s as deemed just and proper in the interest of Justice."
2. It appears from the materials on record that the applicant herein lodged a First Information Report at the Vejalpur Police Station, District Ahmedabad dated 26.02.2018 vide I CR No. 21/2018 for the offences punishable under Sections 307, 323, 324, 325, 294(B), 506(2) read with Section 114 of the IPC and Section 135(1) of the Gujarat Police Act. In the said FIR, the respondents nos. 2 to 5 have been arrayed as the accused persons.
3. The original accused persons came to be arrested in connection with the FIR lodged by the applicant herein referred to above. They jointly preferred the criminal misc. application no. 483/2018 for regular bail in the Court of the Sessions Judge, Ahmedabad (Rural), Ahmedabad. The Additional Sessions Judge, Ahmedabad (Rural) vide order dated 12.03.2018 allowed the application and ordered release of the accused persons on bail. The court below while ordering the release of the accused persons on bail observed as under:
"[8] I have considered the F.I.R. in question and also considered the manner of occurrence, It transpires that the incident was took place due to some financial transaction between the parties. Moreover, the injured has been discharged from the hospital and his condition is stable. Moreover, no criminal antecedent of the accused / applicant are bring on record. Moreover, the applicant/accused are the permanent resident of the Ahmedabad and hence, their presence at the time of trial can be secured. Hence, considering the set of circumstances, it is desirable to exercise the discretion in favour of the applicant I accused and hence following order is passed."
4. The operative part of the order and the conditions imposed by the court below is as under:
"ORDER
1. Present Criminal Misc. (Reg. Bail) Application No. 483 of 2018 of the applicant viz. 1.Faizalkhan Khanvalikhan Pathan,
2. Sabirkhan Sahebdalikhan Pathan,
3. Shervalikhan @ Sherkhan Sahebdalikhan Pathan,
4. Saradkhan Sahebdalikhan Pathan under Section 439 of Cr.P.C. is hereby allowed and the present applicant / accused are ordered to be released (enlarged) on bail in connection with I-CR.No.21 of 2018 registered with Vejalpur Police Station for the offences punishable u/s. 307, 323, 324, 325, 294(b), 506(2), 114 of the Indian Penal Code and u/s. 135(1) of the G. P. Act on each of them executing solvent surety of Rs. 15,000/- and personal bond of like amount of the applicants subject to following conditions that :-
CONDITIONS:
1. That till filing of charge-sheet, Applicant must mark their presence to the concerned police station on every first and fifteenth date of the month;
2. Applicant must not to indulge in any other offences;
3. The applicant/ accused must remain present during the judicial proceedings against them on each occasion before the Court without fail;
4. Not to take undue advantage of their liberty or abuse their liberty and must not involve in any offence;
5. Not to act in a manner injurious to the interest of the
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