Gujarat High Court
Ash Mahamad @ Aki Ruzdar Mev vs State Of Gujarat on 30 November, 2023
NEUTRAL CITATION
R/CR.MA/18641/2023 ORDER DATED: 30/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18641
of 2023
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ASH MAHAMAD @ AKI RUZDAR MEV
Versus
STATE OF GUJARAT
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Appearance:
MR ARJUN S RATHOD(12662) for the Applicant(s) No. 1
MR PRATHAM P JOSHI(12796) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/11/2023
ORAL ORDER
1. By way of the present petition under Section 438 of the
Code of Criminal Procedure, 1973, the petitioner has prayed to
release him on anticipatory bail in case of his arrest in
connection with the FIR registered as CR No.11214020231344 of
2023 registered with Kamrej Police Station for the offences
punishable under Sections 379, 411 and 114 of the IPC.
2. Learned advocate for the petitioner submits that
considering the nature of allegations, role attributed to the
petitioner, the petitioner may be enlarged on anticipatory bail by
imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf
of the respondent-State has opposed grant of anticipatory bail
looking to the nature and gravity of the offence.
NEUTRAL CITATION
R/CR.MA/18641/2023 ORDER DATED: 30/11/2023
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4. Heard the learned Advocates for the respective parties and
perused the papers.
5. Having heard the learned counsel for the parties and
perusing the record of the case and taking into consideration the
facts of the case, nature of allegations, role attributed to the
accused, without discussing the evidence in detail, at this stage,
I am inclined to exercise discretion in favour of the petitioner for
the following reasons : -
(1) The offence is triable by the Magistrate Court;
(2) As per affidavit of the IO, no antecedent is recorded
against the petitioner.
(3) Maximum punishment which can be imposed on
successful conviction is of three years.
(4) The judgment in the case of Arnesh Kumar v/s. State
of Bihar [(2003 (8) SCC 273] reiterated in the case of
Md. Asfak Alam Vs. The State of Jharkhand and
another reported in 2023 INSC 660 and pursuant to
which, Circular No.C.2703/81 issued by this Court is
applied.
(5) Under the instructions of petitioner, learned Advocate
states that petitioner is ready and willing to co-
operate with the investigation.
6. This Court while exercising discretion in favour of the
petitioner has taken into consideration law laid down by the
Apex Court in the case of Siddharam Satlingappa Mhetre v/s.
State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the
NEUTRAL CITATION
R/CR.MA/18641/2023 ORDER DATED: 30/11/2023
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Hon'ble Apex Court reiterated the law laid down by the
Constitutional Bench in the the case of Shri Gurubaksh Singh
Sibbia & Ors. v/s. State of Punjab (1980) 2 SCC 665. This Court
has also taken into consideration law laid down in the case of
Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].
7. In the result, the present petition is allowed by directing
that in the event of applicant herein being arrested pursuant to
FIR registered as CR No.11214020231344 of 2023 registered
with Kamrej Police Station the petitioner shall be released on bail
on furnishing a personal bond of Rs. 10,000/- (Rupees Ten
Thousand only) with one surety of like amount on the following
conditions that the petitioner :
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
06.12.2023 and 07.12.2023 between 10.00 a.m. and
4.00 p.m.;
(c) shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the
fact of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected
or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change residence till the
final disposal of the case till further orders;
(f) shall not leave State of Gujarat without the
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R/CR.MA/18641/2023 ORDER DATED: 30/11/2023
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permission of the concerned trial court and if having
passport shall deposit the same before the concerned
trial court within a week;
(g) shall mark his presence before the concerned Police
Station on every 1st and 3rd Money between 10:00
a.m. and 12:00 p.m. till the next six months;
8. Despite this order, it would be open for the Investigating
Agency to apply to the competent Magistrate, for police remand
of the petitioner. The petitioner shall remain present before the
learned Magistrate on the first date of hearing of such
application and on all subsequent occasions, as may be directed
by the learned Magistrate. This would be sufficient to treat the
accused in the judicial custody for the purpose of entertaining
application of the prosecution for police remand. This is,
however, without prejudice to the right of the accused to seek
stay against an order of remand, if, ultimately, granted and the
power of the learned Magistrate to consider such a request in
accordance with law. It is clarified that the petitioner, even if,
remanded to the police custody, upon completion of such period
of police remand, shall be set free immediately, subject to other
conditions of this anticipatory bail order.
9. If breach of any of the above conditions is committed by
the petitioner, the concerned learned Judge will be free to take
appropriate action in the matter. 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 while enlarging the petitioner on bail.
NEUTRAL CITATION
R/CR.MA/18641/2023 ORDER DATED: 30/11/2023
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10. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J)
sompura
