Mukarram Abbas Shekh 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.I­136/2019 registered with Narol Police Station, Ahmedabad for offence under Sections 406, 420, 467, 468, 471, 120(B) and 114 of the Indian Penal Code.

Heard learned advocate, Mr. Mousam Yagnik for the applicant, learned APP Mr. L.B. Dabhi for the respondent - State and learned advocate, Mr. Aejaz Ansari for the original complainant.

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 advocate for the applicant, under the instructions, submits that the applicant is ready and willing to deposit Rs.10,00,000/­ before the concerned trial court without prejudice to his rights and contentions within a period of three months from the date of his release from the jail and no further extension will be asked for. It is submitted that though another FIR is registered, the applicant has been enlarged on bail. It is also submitted that other three co­accused have been enlarged on bail by the coordinate bench and, hence on the ground of parity, the applicant be enlarged on bail.

Learned APP appearing on behalf of the respondent­ State as well as learned advocate appearing for the original complainant have opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted by learned advocate for the original complainant that another FIR is also registered against the applicant.

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 in jail since 14.10.2019;

(b) the investigation is almost concluded as the remand period is over;

(c) as stated by learned advocate for the applicant, three other co­accused, against whom similar type of allegations are leveled, have been enlarged on bail by the coordinate bench of this Court, copies of those orders are placed on record. The said fact is verified by learned APP from the Investigating Officer, who is present in the Court with investigation papers;

(d) as stated by learned advocate for the applicant under the instructions, the applicant is ready and willing to deposit Rs.10,00,000/­ before the concerned trial court without prejudice to his rights and contentions within a period of three months from the date of his release.

In view of the aforesaid facts 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 136/2019 registered with Narol Police Station, Ahmedabad 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;

[g] shall deposit an amount of Rs.10,00,000/­ before the concerned trial court without prejudice to his rights and contentions within a period of three months from the date of his release and shall also file an undertaking to that effect before this Court within a week from the date of his release.

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 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.