Nazmudin @ Nazmu Abubhai Jadav vs State Of Gujarat

Ashutosh J. Shastri, J

This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being I-C.R.

No.11193052200029 of 2020 registered before Savarkundla Town Police Station, Amreli for the offences punishable under Sections 394, 427 and 114

of the Indian Penal Code and Section 135 of the GP Act.

Mr.Gaurav Chudasma, learned advocate for the applicant, has submitted that the applicant is an innocent person and he has not committed any

offence as alleged. It has further been submitted that the applicant is not convicted so far in any past offences. On the contrary, in 3 cases said to

have been lodged against the applicant in past, an order of acquittal is passed. Further, the amount involved in alleged commission of crime is also not

recovered from the applicant and it is recovered from other accused persons. It has further been submitted that in this case, looking to the role played

by the applicant, no serious offence said to have been committed. In fact, other co-accused persons, who have been granted regular bail, are having

more serious role than what the applicant is. Considering this fact that the co-accused persons have been enlarged on regular bail, the case of the

applicant be also considered. It has been submitted that recently on 21.7.2020 the Coordinate Bench of this Court in case of co-accused â€

Hasanbhai in CR.MA No.9706 of 2020 has been granted the regular bial. Hence, considering the principle of parity also, the case of the applicant be

considered.

As against the aforesaid submission, learned APP Mr.J.K.Shah has submitted that the applicant is involved in a serious commission of crime and as

such, no leniency be shown and looking to the role which has been attributed in FIR, it cannot be said that he is an innocent person. However, so far

as the issue of co-accused being released on bail, the learned APP has nothing much to convey and ultimately, has left it to the discretion of the Court.

Having heard learned advocates appearing for the parties and having gone through the material on record, it appears that in this case, the charge-

sheet has already been submitted and further, all other co-accused have been enlarged on bail. The Court has also taken note of the order dated

21.7.2020 passed by the Coordinate Bench of this Court in CR.MA No.9706 of 2020 in case of Hasanbhai, who was having criminal antecedents and

undisputedly, it has been revealed that the present applicant who is involved in 3 offences in past, in which an order of acquittal is passed. As a result

of this, the Court is inclined to accept the request of the applicant.

Hence, in view of the above, the present application is allowed. The applicants are ordered to be released on regular bail in connection with the FIR,

being I-C.R. No.11193052200029 of 2020 registered before Savarkundla Town Police Station, Amreli, 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 & shall not obstruct or hamper the police investigation and shall not to play mischief

with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

The authorities will release the applicants only if they are 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 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.

The Registry is directed to communicate this order by FAX and/or e-mail to the trial court concerned, forthwith.