Gujarat High Court
Mustufa Kuresh Motiwala (Mustafa @ ... vs State Of Gujarat on 27 February, 2025
NEUTRAL CITATION
R/CR.MA/24687/2024 ORDER DATED: 27/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 24687 of 2024
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MUSTUFA KURESH MOTIWALA (MUSTAFA @ MURTUZA KURESH
MOTIWALA)
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice
of Rule on behalf of respondent-State.
2. This application is filed under Section 483
of the Bharatiya Nagarik Suraksha Sanhita
for regular bail in connection with F.I.R.
No.256 of 2006 registered with Mahidharpura
Police Station, District Surat.
3. Learned advocate for the applicant has
submitted that considering the nature of
offence and role attributed to the
applicant, the applicant may be enlarged on
regular bail by imposing suitable
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R/CR.MA/24687/2024 ORDER DATED: 27/02/2025
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conditions.
4. The learned APP appearing for the respondent
State has vehemently submitted that the
applicant had actively participated in
commission of offence in question. Learned
APP has, therefore, submitted that the
offences which have been charged, are
serious in nature and looking to the facts
as well as the allegations levelled against
the applicant, no discretion is required to
be exercised.
5. Heard learned advocates appearing for the
parties and perused the material available
on record. From the record it appears that
the investigation is over and Charge-sheet
has already been filed. From the record it
appears that qua the other co-accused, the
trial of the offence is already over and
they were acquitted by the learned Sessions
Court vide judgment and order dated
28.06.2016. However, since the presence of
the present applicant could be procured
thereafter, a supplementary Charge-sheet
came to be filed against present applicant
and thereafter, the learned trial Court has
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R/CR.MA/24687/2024 ORDER DATED: 27/02/2025
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started recording of evidence again. The
present applicant here has been arrested in
connection of the present offence on
07.11.2018 and since then he is in custody.
The report submitted by the learned Sessions
Court indicates that as of now, 17 witnesses
out of 95 witnesses have been examined.
Having regard to this aspect, the present
application deserves to be allowed.
6. This court has also considered the following
aspects:
(a) As per catena of decisions of Hon'ble
factors which are required to be
considered by this court i.e. prima
facie case, availability of Applicant
accused at the time of trial and
tampering and hampering with the
witnesses by the accused.
(b) That the learned Advocate for the
Applicant has submitted that the
Applicant Accused is not likely to flee
away.
(c) That the Applicant is in custody since
07.11.2018.
(d) The law laid down by the Hon'ble Apex
Court in the case of Sanjay Chandra v.
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R/CR.MA/24687/2024 ORDER DATED: 27/02/2025
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C.B.I. Reported in (2012) 1 SCC 40.
7. In the facts and circumstances of the case
and considering the nature of allegations
made in the FIR and without discussing the
evidence in details as well as without going
into details, prima-facie, this Court is of
the opinion that this is a fit case to
exercise the discretion to enlarge the
applicant on bail. Hence, the application is
allowed and the applicant is ordered to be
released on bail in connection with the
aforesaid FIR, on executing a bond of
Rs.10,000/- with one surety of the like
amount to the satisfaction of the trial
Court and subject to the conditions that;
(a) 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 from
disclosing such facts to the Court or
any Police Officer or tamper with the
evidence.
(b) shall maintain law and order and not to
indulge in any criminal activities.
(c) shall furnish the documentary proof of
complete, correct and present address
of residence to the Investigating
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Officer and to the Trial Court at the
time of executing the bond and shall
not change residence without prior
permission of the trial Court.
(d) shall provide contact numbers as well
as the contact numbers of the sureties
before the Trial Court. In case of
change in such numbers inform in
writing immediately to the trial
Court.
(e) shall file an affidavit stating
immovable properties whether self
acquired or ancestral with
description, location and present
value of such properties before the
Trial Court, if any.
(f) shall not leave India without prior
permission of the Trial Court
(g) surrender passport, if any, to the
Trial Court within a week. If accused
does not possess passport, shall file
an Affidavit to that effect.
(h) shall 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.
8. The authorities concerned shall release the
applicant only if he is not required in
connection with any other offence for the
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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.
9. At the trial, the concerned trial Court
shall not be influenced by the prima facie
observations made by this Court in the
present order.
10. Rule made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J)
NABILA
