Hajisha Bhachalsha Sheikh vs State Of Gujarat

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11993004230165/2023 registered with the Bhachau Police Station, Kachchh for the offence punishable under Sections 8(C), 22(B) and 29 of the NDPS Act.

Learned advocate for the applicant submits that now the investigation is completed and the present application is filed after submission of the chargesheet and the applicant is in jail since 11.04.2023. Learned advocate submitted that one lady, who was sitting with the present applicant at the time of alleged offence, has already been enlarged on bail. Learned advocate submitted that the contraband articles is not more than small quantity but lesser than commercial quantity i.e. intermediate quantity. It is, therefore, urged that considering the factual aspects of the matter, the present application may be allowed by imposing suitable conditions.

Learned APP for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP submitted that the role of the applicant is clearly spelt-out in the compilation of the chargesheet papers and, hence, the present application may not be entertained.

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

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record now the investigation is over and the present application is filed after submission of the chargesheet and the applicant is in jail since 11.04.2023. It is also found out that the contraband article is intermediate quantity and other co-accused has already been enlarged on bail by this Court. Therefore considering overall facts of the case and on the ground of parity, I am of the opinion that this is a fit case, wherein discretionary power can be exercised in favour of the present applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012] 1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51.

In the facts and circumstances of the case and considering the nature of the 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. The applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11993004230165/2023 registered with the Bhachau Police Station, Kachchh on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries 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 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 and shall not change the residence without prior permission of this Court;

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 concerned 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 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.