Iqbal Ahmed @ Munno Abdul Karim Khatri vs State Of Gujarat

S.H.Vora, J

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11191029210186 of 2021 with Rakhyal Police Station for the offences punishable under Sections 406, 420, 465, 468, 471 and 120-B of IPC.

Heard learned advocate, for the applicant and learned APP, for the respondent-State and learned Advocate Mr.Bhatia for the complainant examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed.

(ii) Learned Advocate Mr.Bhatia for the complainant has placed on record the affidavit-in-reply on behalf of the original complainant; wherein it is stated at bar that matter is settled between the complainant and applicant and the applicant has paid Rs.1.50 Lakhs in cash and balance amount of Rs.5.00 Lakh would be paid by way of three different cheques as stated in the said affidavit filed on behalf of the original complainant which is ordered to be taken on record.

(iii) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law.

(iv) The entire incriminating material is in the custody of the Investigating Agency and therefore there is no likelihood or possibility of tampering with the same.

(v) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(vi) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11191029210186 of 2021 with Rakhyal Police Station, on executing a 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 the applicant 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;

[f] file an undertaking before this Court; within a period of seven days of his release that the postdated cheques issued by him will be honoured on due dates.

The competent authority will release the applicant only if the applicant 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 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 made absolute to the aforesaid extent. Direct service is permitted.