Akhtarbag @ Aku Painter Sharifbag Mirza vs State Of Gujarat

B.N. Karia, J

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being

C.R.No. IÂ11215021200567 of 2020 registered with Petlad Town Police Station, District: Anand for the offence punishable under Sections 8(c), 20(b)

(ii)B and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on

regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondentÂState has opposed grant of regular bail looking to the nature and gravity

of the offence.

I have heard learned advocates appearing on behalf of the respective parties.

Having heard learned advocate for the applicant as well as learned APP for the respondent State, it appears that in connection with the offence

registered against the applicant and other coÂaccused on 17.09.2020, the applicant was arrested on 18.09.2020. It also appears that the investigation

is over and the chargeÂsheet is filed against the present applicant. The coÂaccused namely Mahemudkhan @ Mahebooblalakhan @ Lallu Pathan

was released on regular bail by this Court on 11.02.2021 and another coÂaccused namely Rafikmiya @ Raku Aminmiya Malek, who is the owner of

contraband ganja, was also released on regular bail by this Court vide order dated 12.02.2021. It appears that during the course of investigation of the

offence, the Investigating Officer had recorded the statement of Salmabibi, who happen to be the wife of the present applicant and the daughter of the

applicant no.2, wherein she had stated that the ganja was belonging to her father and he was habitual in the business of ganja. No further investigation

is left and trial would take long time. No interrogation custody is required of the present applicant for any further period as the coÂaccused no. 2 and

3 involved in the offence are already released by this Court. Quantum of ganja is less than commercial quantity which is 15kg and 410 grams and

therefore embargo as envisaged under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 would not be applicable. Further the

applicant appears to be aged 58 years and no criminal antecedents of any nature including that of Narcotic Drugs and Psychotropic Substances act

are pointed out by the prosecution. Considering the peculiar facts of the case, submissions made by the learned advocate for the applicant as well as

learned APP and considering the fact that the chargeÂsheet has been filed against the applicant by Investigating Officer, the prayer made by the

applicant requires consideration.

In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this

is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No. IÂ‐

11215021200567 of 2020 registered with Petlad Town Police Station, District: Anand on executing a personal bond of Rs.10,000/Â (Rupees Ten

Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] 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 without prior permission of the learned Sessions Court concerned;

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.

Rule is made absolute to the aforesaid extent.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.