Gujarat High CourtAbdulwahed @ Aamin Abdulkarim Shaikh & vs State Of Gujarat on 23 May, 2017Author:B.N. KariaBench:B.N. KariaR/CR.MA/11131/2017                                              ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     CRIMINAL MISC.APPLICATION NO. 11131 of 2017

         ===============================================================
               ABDULWAHED @ AAMIN ABDULKARIM SHAIKH & 1....Applicant(s)
                                     Versus
                         STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         MR. SOEB R. BHOHARIA, ADVOCATE for the Applicant(s) No. 1 - 2
         VALIMOHAMMED PATHAN, ADVOCATE for the Applicant(s) No. 1 - 2
         MR LB DABHI APP for the Respondent(s) No. 1
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

                                       Date : 23/05/2017


                                         ORAL ORDER[1]    The present application is filed underSection 439of the
         Code of Criminal Procedure by the applicant for regular bail in
         connection with an FIR being C.R.No.I-17 of 2017 registered
         with Sidhpur Police Station, Dist. Patan, for the offences underSections 379,511,285,120(b),114of the Indian Penal Code,
         Sections 15(2), 15(4), 16(A) of the Petroleum & Minerals
         Pipelines Act andSection 3of the Prevention of Public Property
         Damage Act.[2]    Learned       advocate    for     the     applicants          submits          that
         considering the nature of allegations, role attributed to the
         applicant, the applicant may be enlarged on regular bail by
         imposing suitable conditions.[3]    Learned Additional Public Prosecutor appearing on behalfPage 1 of 3HC-NIC                                   Page 1 of 3      Created On Thu Aug 17 04:53:58 IST 2017
                      R/CR.MA/11131/2017                                                  ORDERof the respondent-State has opposed grant of regular bail
         looking to the nature and gravity of the offence.
         [4]   I have heard learned advocates appearing on behalf of
         the respective parties. Learned advocates appearing on behalf
         of the respective parties do not invite reasoned order.[5]   In      the      facts     and    circumstances              of     the     case       and
         considering the nature of allegations made against the
         applicants in the FIR, I am of the opinion that this is a fit case
         to exercise the discretion and enlarge the applicants on regular
         bail. Hence, the present application is allowed and the
         applicants are ordered to be released on regular bail in
         connection with an FIR being C.R.No.I-17 of 2017 registered
         with Sidhpur Police Station, Dist. Patan on executing a
         personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
         each with one surety of the like amount to the satisfaction of
         the learned Trial Court and subject to the conditions that the
         applicants 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]       mark presence before the concerned Police Station
                         on every Monday of each English calendar month
                         for a period of three months and thereafter,
                         alternate Monday for a period of six months,
                         between 11:00 a.m. and 2:00 p.m.;Page 2 of 3HC-NIC                                          Page 2 of 3      Created On Thu Aug 17 04:53:58 IST 2017
                      R/CR.MA/11131/2017                                            ORDER




               [f]       furnish latest and permanent address of residenceto 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
                         this Court;[6]      The Authorities will release the applicants 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 applicants
         on bail.[7]      Rule is made absolute to the aforesaid extent. Direct
         service is permitted.(B.N. KARIA, J.)
         YNVYASPage 3 of 3HC-NIC                                    Page 3 of 3      Created On Thu Aug 17 04:53:58 IST 2017