Samirkhan @ Samir Mandwa Salimkhan Pathan vs State Of Gujarat

Dr. A. P. Thaker, J

[1] Heard learned advocates appearing on both sides through video conferencing.

[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR

being C.R.No.I-78 of 2019 registered with Lalgate Police Station, District:Surat for the offences under Sections 302, 307, 324, 143, 147, 148, 149, 34,

452, 427, 449 and 504 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act.

[3] Ms.Dharitri Pancholi, learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the

applicant may be enlarged on regular bail by imposing suitable conditions. She submitted that earlier application was withdrawn as there are five

antecedents against the applicant, however, she has received information according to which, out of these five cases, in two cases, the applicant has

been acquitted and in rest of the cases, he has been released on bail. While referring to the material placed on record, she submitted that the

complainant has also filed an affidavit in support of the applicant. She further submitted that any stringent conditions, including the condition of not

entering Surat City till recording of evidence of the complainant as well as injured witnesses, may be imposed upon applicant while releasing him on

bail and the applicant will abide by all such conditions.

[4] Per contra, Ms.Thakkar, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail

looking to the nature and gravity of the offence. She submitted that stab injury was inflicted by the applicant on the deceased by using rambo knife,

which is recovered at the instance of the applicant. She further submitted that considering the affidavit of the complainant, it appears that the accused

has influenced the witnesses and, this fact goes against the applicant. She also submitted that the applicant and the prosecution witnesses are residing

in the same vicinity, therefore, the applicant may influence such witnesses. She also submitted that the applicant inflicted blow on the person sitting on

the bench and as there is strong prima facie case against the applicant, present application may be dismissed.

[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do

not invite reasoned order. It appears that there was some altercation earlier and as a consequence thereof, the incident in question had happened. This

Court has considered following aspects:-

(i) Investigation is over and charge sheet is filed in this case.

(ii) Since the investigation is over, there is no chance of applicant tampering with evidence.

(iii) The applicant is in jail since 13.9.2019.

(iv) This Court has also considered the law laid down by Apex Court in the case of Sanjay Chandra Vs. Central Bureau Investigation, reported in

(2012) 1 SCC 40.

 (v) This Court has also taken into consideration the assurance given on behalf of the applicant that he will abide by all conditions that may be

imposed by this Court.

[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am 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 and the applicant is

ordered to be released on regular bail in connection with an FIR being C.R.No.I-78 of 2019 registered with Lalgate Police Station, District:Surat on

executing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the learned

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] 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] not enter in local limits of Surat City till recording of evidence of the complainant as well as injured witnesses, except for the purpose of attending

the Court proceedings;

[f] shall mark presence on alternative Monday to the nearest Police Station, where he is going to reside and after entering into Surat City, mark

presence with the concerned Police Station on alternate Monday for a period of six months between 10.00 a.m and 2.00 p.m.

[g] If the applicant indulge in any such incident again, it will be a ground for cancellation of his bail.

[h] furnish latest and permanent 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 this Court;

[7] 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 learned 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, learned 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.

[8] Rule is made absolute to the aforesaid extent. Registry is directed to serve this order to the concerned authority through e-mail/fax or any other

electronic mode.