Aamirkhan Mosamkhan Pathan vs State Of Gujarat

Vipul M. Pancholi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-

147 of 2019 registered with Mahemdavad Police Station, District Kheda, for offence under Sections 302, 323, 325, 120(B) and 114 of the Indian Penal

Code.

Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular

bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is

a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects,

(a) the applicant is aged about twenty-one years. He is in Jail since 28.12.2019;

(b) investigation is over and charge-sheet is filed;

(c) learned advocate for the applicant has referred the material placed on record including the counter of the charge-sheet and, thereafter, submitted

that even as per the case of the prosecution, the applicant was not present at place of incident and fatal blow was given by the other co-accused to

the deceased. The only allegation against the applicant is that he has hatched conspiracy along with the other co-accused;

(d) the said aspect has been verified by the learned Additional Public Prosecutor from the charge-sheet papers;

Thus, looking to the role attributed to the applicant and in the facts and circumstances of the present case, I am inclined to consider the case of the

applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of

Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-147 of

2019 registered with Mahemdavad Police Station, District Kheda, 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 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 India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 p.m.;

[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 the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 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, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent.

Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.