Gujarat High Court
Salim Ibrhaim Mansuri vs State Of Gujarat on 27 January, 2025
NEUTRAL CITATION
R/CR.MA/23547/2024 ORDER DATED: 27/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 23547 of 2024
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SALIM IBRHAIM MANSURI
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MS VRUNDA C SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 27/01/2025
ORAL ORDER
Leave to amend the cause title. Necessary amendment to be
carried out forthwith.
1. RULE. Learned APP waives service of rule for the respondent-
State.
2. The present application is filed under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular
bail in connection with FIR being C.R. 4 of 2024 registered with DCB
Police Station, Bharuch for the offences punishable under Section
7(a) of the Prevention of Corruption Act.
3. Heard learned Advocate for the Applicant and learned APP for
the Respondent - State.
4. Learned advocate for the Applicant has submitted that the
Applicant has good reputation in the society and no useful purpose
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would be served by keeping the applicant in jail for indefinite period.
It is further contended that the applicant is ready and willing to abide
by all the conditions that may be imposed by this Court if released on
bail.
5. Per contra, learned APP has opposed the present application for
grant of regular bail contending that the calls were recorded between
the present Applicant as well as the first informant and transcript of
the same is on record which indicates demand of Rs. 5 Lacs for doing a
favour in a criminal case. Ultimately the Applicant had agreed to pay
the remaining amount thereafter. A trap was organized and the
Applicant was caught red-handed accepting the amount of Rs. 4 Lacs
from the first informant. Learned APP has therefore submitted that
looking to the nature of offence, this Court may not exercise the
discretion in favour of the applicant and the Application may be
dismissed.
6. Heard learned Advocates for the parties and perused the record.
The investigation is over and charge sheet is filed. As per the case of
the prosecution, the role attributed to the Applicant is to the effect
that the present applicant is a practicing Advocate and was
representing the first informant who was facing the criminal
prosecution. The first informant who was the accused in teh criminal
trial was promised by the applicant that teh judgment would be in his
favour if he pays amount of Rs. 5 Lacs. The Applicant was caught red-
handed accepting the amount of Rs. 4 Lacs. Considering this aspect,
the Application deserves consideration. This court has also considered
the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are
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mainly 3 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 23.08.2024.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. reported in (2012) 1 SCC 40.
7. Having heard the learned Advocates for the parties and
perusing the record produced in this case as well as taking into
consideration the facts of the case, nature of allegations, gravity of
accusation, availability of the Applicant Accused at the time of Trial
etc. and the role attributed to the present Applicant accused, the
present Application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and police papers
and also the earlier order passed by the learned Sessions Court where
the learned Sessions Judge has disallowed the bail Application at
initial stage. The Applicant Accused is ordered to be released on bail
in connection with the aforesaid FIR on executing a personal bond of
Rs.10,000/- with one surety of the like amount to the satisfaction of
the trial Court, subject to the following conditions that he shall:
(a) 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 any Police Officer or
tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present
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address of residence to the Investigating Officer and to the Trial
Court at the time of executing the bond and shall not change the
residence without prior permission of the trial Court.
(d) 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) 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 pm.
(f) file an affidavit stating his immovable properties whether self
acquired or ancestral with description, location and present value of
such properties before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If the
Applicant does not possess passport, shall file an Affidavit to that
effect.
(i) not leave the State of Gujarat without prior permission of the Trial
Court concerned;
(j) shall co-operate with the investigation so far as voice spectrography
test is concerned.
8. Bail bond to be executed before the Trial Court having
jurisdiction to try the case. It would be open for the Trial Court
concerned to give time to furnish the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial
Court concerned will be free to issue warrant or take appropriate
action according to law. The Authorities will release the Applicant
forthwith only if the Applicant is not required in connection with any
other offence for the time being.
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10. At the trial, the concerned trial Court shall not be influenced by
the prima facie observations made by this Court in the present order.
11. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
Radhika
