Salim @ Dumlo Kasambhai Buchhad vs State Of Gujarat

Bela M. Trivedi, J

Rule in Ciminal Misc. Application No.8412 of 2020. Larned APP Ms.Moxa Thakkar waives service of notice of Rule for the respondent State.

Both the applications have been filed by the applicants â€" accused, seeking regular bail under Section 439 of Cr. P.C., in connection with the FIR

being IÂ​C.R. No.104 of 2019 registered for the offences punishable under Section 392, Section 397 read with Section 114 of IPC at Bhachau Police

Station, Kachchh. Hence, this common order is passed.

Criminal Misc. Application No.8412 of 2020 has been filed by the applicant â€" Salim @ Dumlo Kasambhai Buchhad (accused No.3) and the

Criminal Misc. Application No.9260 of 2020 has been filed by the applicants â€" Akbar @ Akudo Hussainbhai Parit and Haji Bachu Nagda (accused

No.1 and 2 respectively).

The aforeÂ​stated complaint came to be lodged on 4.11.2019 by the complainant Ashokbhai Lakhia alleging inter alia that on 3.11.2019 at about 8

p.m., he left from Mundra Port along with Dilipsinh in his truck and when they reached near the village Nandlan, at about 12.15 p.m., suddenly

somebody pelted stones at his truck. He, therefore, parked his truck and got down to see as to what had happened. At that time, four unknown

persons came from the bushes and looted his mobile worth Rs.10,000/Â​ and cash of Rs. 4,500/Â​ by showing knife. The said complaint was registered

as IÂ​C.R. No.104 of 2019 for the offences punishable under Sections, 392, 397 read with 114 of IPC.

It is submitted by the learned Advocate Mr.Darshan Darandani for the applicants that now the investigation is over and the chargeÂ​sheet has been

filed by the I.O., against the applicants â€" accused, however, there is no iota of evidence collected by the I.O., to connect the applicants with the

alleged crime. According to him, the chargeÂ​sheet has been filed against the applicants only because the applicants Akbar @ Akudo Hussainbhai

Parit and Haji Bachu Nagda (accused No.1 and 2 respectively) were already arrested in connection with similar offence, otherwise there was no T.I.

Parade held or recovery of any muddamal made from the present applicants.

The learned APP Ms.Moxa Thakkar for the respondent State however has drawn the attention of the Court that there are two cases registered

against the applicants Â​ Akbar @ Akudo Hussainbhai Parit and Haji Bachu Nagda with regard to similar offences and there was discovery of knife

made so far as the applicant Salim was concerned. She fairly stated that as such no T.I. Parade was held for the identification of the present

applicants.

Having regard to the submissions made by the learned Advocates for the parties and to the documents on regard, it appears that the FIR was

registered against the four unknown persons on the basis of the complaint lodged by the complainant Ashokbhai. It is not disputed that the

Investigating Officer during the course of the investigation has not held the T.I. Parade for the identification of the present applicants. Of course, the

knife allegedly shown to the complainant has been recovered from the applicant Salim, however, the learned APP Ms. Thakkar has failed to point out

any other evidence against the present applicants. Be that as it may, without discussing the evidence in detail, the Court is inclined to grant the present

applications.

In that view of the matter, the present applications are allowed. The applicants Akbar @ Akudo Hussainbhai Parit and Haji Bachu Nagda (accused

No.1 and 2 respectively) and Salim @ Dumlo Kasambhai Buchhad (accused No.3), if are not required in any other case, are directed to be released

on regular bail in connection with FIR being IÂ​C.R. No.104 of 2019 registered with Bhachau Police Station, Kachchh on each of them executing a

personal bond of Rs.25,000/Â​ (Rupees twentyÂ​five thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial

court and subject to the conditions that they 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 concerned trial court within a week;

[d] not leave Gujarat without prior permission of the concerned trial court;

[e] mark their presence before the concerned Police Station between 1st to 10th day of every English calendar month between 11:00 a.m. and 2:00

p.m.;

[f] they shall not enter the Town Bhachau, except for marking their presence at the concerned Police Station till the commencement of the trial;

[g] furnish their mobile numbers and the present addresses of residence to the Investigating Officer and also to the concerned Court at the time of

execution of the bond and shall intimate the change of the residence to the concerned police station and the trial court;

The authorities shall adhere to its own Circular relating to COVIDÂ​19 and, thereafter, will release the applicants only if they are 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 shall be executed before the trial Court having jurisdiction to try the case.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/ Jail

authority by Fax or Email forthwith.