Fatankhan Majikhan Sindhi vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Shri Dev Patel for learned Advocate Shri Dharm K. Raval for the applicant and learned APP Ms. Moxa Thakkar for the respondent-State.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released him on regular bail in connection with F.I.R. registered as C.R. No.11195035200577 of 2020 with Palanpur Taluka Police Station, District:- Banaskantha, for the offences punishable under Sections 365, 392 and 341 of the Indian Penal Code.

Learned Advocate Shri Patel for the applicant submits that the applicant has not been named in the complaint originally and whereas all the accused have been arrested later on. He has drawn attention of this Court to the order dated 27.01.2020 passed in Criminal Misc. Application No.31 of 2021 by the Coordinate Bench of this Court (Coram: Dr. A.C. Joshi, J.), whereby the co-accused Madanlal @ Madanram Prahladram Meghwal, who has been arraigned as accused No.1 in the charge-sheet, had been enlarged on regular bail. He, therefore, requests that the benefit of the same may also be made available to the present applicant. He further submits that the applicant may be released on regular bail by this Court after imposing suitable conditions.

As against the same, learned APP Ms. Moxa Thakkar appearing for the respondent — State has strongly opposed present application and submits that the allegations levelled against the applicant are of very grievous and serious nature. She further submits that the case of the accused No.1 and present applicant are not comparable inasmuch as there are 4 antecedents against the accused No.1 and whereas there are 7 antecedents against the present applicant. She further submits that in case, this Court were to consider submissions of the present present applicant, then the fact that the applicant is not belonging to the State of Gujarat may be considered and appropriate conditions may be imposed.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

(i) Co-accused having been released on regular bail by the Coordinate Bench of this Court;

(ii) Applicant being in custody since 10.09.2020.

This Court has 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 .

In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, 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.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R.

No.11195035200577 of 2020 with Palanpur Taluka Police Station, District:-Banaskantha, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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 injurious to the interest of the prosecution;

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

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

[e] Mark presence every fortnight at the nearest Police Station on every Monday of each English Calender month for a period of six months and thereafter any day of the first week of every English Calender month for a period of six months between 11:00 a.m. to 2:00 p.m.

[f] furnish the present address of residence in the State of Gujarat to the I.O. and also to the Court at the time of execution of the bond and shall not change the said residential address without prior permission of the Sessions Court;

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.

10 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.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service through electronic mode is permitted.