Gujarat High CourtMohammadirshad vs State on 8 April, 2010Author:H.B.AntaniBench:H.B.AntaniGujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/1811/2010	 4/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 1811 of 2010
 

 
 
=========================================================

 

MOHAMMADIRSHAD
HASANBHAI QURESHI - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
SUNIL M AGRAWAL for
Applicant(s) : 1, 
MR DEVANG VYAS, APP for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

 
 


 

Date
: 08/04/2010 

 

 
 
ORAL
ORDER1.	This
is an application preferred underSection 439of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-187 of 2009 registered at Chowk Bazar Police Station, Surat
for the offence punishable underSections 465,467,468,471,120Bof
the IPC andSection 12(1)(a)of the Indian Passports Act.2.	Mr
Sunil M Agrawal, learned advocate for the applicant submitted that
the applicant is an innocent person and he has been falsely
implicated in the commission of offence. Considering the role
attributed to the applicant as reflected in the FIR, he merely
identified the wrong person. Save and except the aforesaid act, no
other overt act is committed by the applicant. Learned advocate for
the applicant has also placed reliance on the order passed by the
Coordinate Bench of this Court in Criminal Misc. Application No.1309
of 2010 (Coram : Akil Kureshi, J.) dated 31.3.2010 in support of the
submission that the main accused is also granted bail by this Court
and considering the aforesaid aspects, the applicant deserves to be
enlarged on bail.3.	Mr
Devang Vyas, learned APP resisted the bail application and submitted
that considering the role attributed to the applicant and the manner
in which the offence is committed by the applicant, he does not
deserve the discretionary relief as prayed for in the application and
the application deserves to be rejected.4.	Having
considered the rival submissions and on perusal of the role
attributed to the applicant as reflected in the FIR and the police
papers as well as the order passed by the Coordinate Bench of this
Court in Criminal Misc. Application No.1309 of 2010 (Coram : Akil
Kureshi, J.) dated 31.3.2010, I am of the view that the applicant
deserves to be enlarged on bail as the main culprit is already
enlarged on bail.5.	In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with CR No.
I-187 of 2009 registered at Chowk Bazar Police Station, Surat on
executing a bond of Rs.10,000/- [Rupees ten thousand 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 his liberty or abuse his liberty;[b]	not act in a manner
injurious to the interest of the prosecution;[c]	surrender his
passport, if any, to the lower Court within a week;[d]	not leave the State
of Gujarat without the prior permission of the Sessions court
concerned;[e]	mark his presence at
the concerned Police Station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;[f]	furnish the present
address of his residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change his residence
without prior permission of this Court;[g]	maintain law and
order.6.	If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the matter.7.	Bail bond to be
executed before the lower Court having jurisdiction to try the case.8.	At the trial, the
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.9.	Rule is made absolute
to the aforesaid extent.	Direct Service is permitted.[H.B.ANTANI,
J.]
 


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