Gujarat High Court
Farukh Jalaluddin Luhar vs State Of Gujarat on 1 March, 2021
Bench: J.B.Pardiwala
R/CR.MA/13975/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13975 of 2020
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FARUKH JALALUDDIN LUHAR
Versus
STATE OF GUJARAT
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Appearance:
DUSHYANT M BHATT(7266) for the Applicant(s) No. 1
NILKANTH G BHATT(9041) for the Applicant(s) No. 1
PRANAV U DHAGAT(9042) for the Applicant(s) No. 1
MR. CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
Date : 01/03/2021
ORAL ORDER
1. This is a successive bail application at the instance of an
accused charged with the offence punishable under Section
392 of the Indian Penal Code.
2. I take notice of the fact that the applicant-accused herein
was arrested on 17.05.2018 in connection with the First
Information Report registered at the Nadiad Town Police
Station, District: Kheda vide C.R. No.I-56 of 2018. As on date,
the Trial is in progress in the Court of the Chief Judicial
Magistrate, Nadiad.
3. It is pointed out by Mr. Chintan Dave, the learned APP,
that, in all, four witnesses have been examined so far. There
are many other witnesses to be examined and the trial is likely
to consume more time before it is completed with judgment.
R/CR.MA/13975/2020 ORDER
4. Considering the fact that the applicant-accused is in
judicial custody past almost three years and also considering
the provisions of Section 437(6) of the Cr.P.C., I am inclined to
exercise my discretion in favour of the applicant, subject to
certain terms and conditions.
5. The applicant-accused is ordered to be released on bail
on he furnishing a bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand Only) with a solvent surety of the like amount to
the satisfaction of the Trial Court, and subject to the following
conditions, that the applicant shall
[a] not take undue advantage of liberty or misuse liberty;
[b] not leave the limits of Anand Town except for the
purpose of attending the trial at Nadiad till the completion of
the Trial.
[c] surrender passport, if any, to the lower court within a
week;
[d] mark his presence every week on Sunday between 10:00
a.m. and 12:00 a.m. at the Nadiad Town Police Station;
[e] not, in any manner, try to influence any of the
prosecution witnesses or tamper with the evidence in any
manner;
[f] not indulge in any criminal offence.
[g] 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
R/CR.MA/13975/2020 ORDER
without prior permission of this Court
6. 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.
7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(J. B. PARDIWALA, J)
Vahid
