Gujarat High Court
Hasanbin Hamud @ Chaus S/O Hamudbin ... vs State Of Gujarat on 30 January, 2024
NEUTRAL CITATION
R/CR.MA/19778/2023 CAV JUDGMENT DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 19778 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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HASANBIN HAMUD @ CHAUS S/O HAMUDBIN AHAMAD
Versus
STATE OF GUJARAT
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Appearance:
MR YASH H JOSHI(6495) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 30/01/2024
CAV JUDGMENT
1. Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
NEUTRAL CITATION
R/CR.MA/19778/2023 CAV JUDGMENT DATED: 30/01/2024
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2. The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in
connection with the FIR being C.R. No.I-11208050230018 of
2023 registered with the 'A' Division Police Station, Rajkot City
of the offence punishable under Sections 489(A), 489(B),
489(C ), 489(D) and 114 of the IPC.
3. Learned advocate appearing for the applicant has
submitted that the applicant-accused was arrested on
24.03.2023 and since then he is in jail. Learned advocate for
the applicant has also submitted that the investigation has
already been completed and charge-sheet has also been filed.
It is further submitted that the applicant-accused has not been
named in the FIR and he has been arraigned as an accused on
the basis of the statement of the co-accused. It is further
submitted that there is no recovery or discovery at the
instance of the applicant-accused. It is also submitted that the
role attributed to the present applicant-accused is that he has
extended support to the other co-accused by providing rental
premises at Heydrabad. Except that, no specific role is
attributed to the applicant-accused. Learned advocate
appearing for the applicant has further submitted that the
other co-accused persons, who were actively participated in
the commission of the crime and who have graver role than
the present applicant-accused, have already been considered
by this very court as well as by the Coordinate Bench of this
Court. The applicant-accused does not have any past
antecedent. Under the circumstances, learned advocate for the
applicant prays that the applicant may be enlarged on bail on
NEUTRAL CITATION
R/CR.MA/19778/2023 CAV JUDGMENT DATED: 30/01/2024
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any suitable terms and conditions.
4. The learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature
and gravity of the offence. Learned APP has submitted that
considering the role attributed to the applicant-accused, this is
a fit case wherein discretionary power of this Court is not
required to be exercised in favour of the applicant-accused.
5. The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant. This Court
has also considered the following aspects;
a) That the investigation has already been completed and
charge-sheet has also been filed;
b) That the other co-accused persons having graver role
than the applicant-accused have already been released on bail
either by this very Court or by the Coordinate Bench of this
Court;
c) That the applicant-accused is in jail since 24.03.2023;
d) That there is no recovery or discovery at the instance of
the applicant-accused;
e) That the applicant-accused does not have any past
antecedents;
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R/CR.MA/19778/2023 CAV JUDGMENT DATED: 30/01/2024
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f) That considering the role attributed to the present
applicant-accused, I am of the view that the present
application deserves consideration;
7. This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation, reported in
[2012]1 SCC 40.
8. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a fit case to
exercise the discretion and enlarge the applicant on regular
bail.
9. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being C.R. No.I-11208050230018 of
2023 registered with the 'A' Division Police Station, Rajkot City,
on executing a personal bond of Rs.15,000/- (Rupees Fifteen
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 injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within
a week;
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R/CR.MA/19778/2023 CAV JUDGMENT DATED: 30/01/2024
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[d] not leave the State of Gujarat without prior
permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station
on alternate Monday 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 this
Court;
10. 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.
11. 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.
12. 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.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
