SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Irfanuddin Zahiruddin Kazi vs State Of Gujarat on 2 May, 2019

R/CR.MA/8566/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 8566 of 2019

IRFANUDDIN ZAHIRUDDIN KAZI
Versus
STATE OF GUJARAT

Appearance:
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1,2
MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1,2
MR MITESH AMIN, PP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 02/05/2019

ORAL ORDER

1. Rule. Learned Public Prosecutor, Mr.Mitesh Amin
waives service of notice of Rule on behalf of
respondent-State.

2. By way of the present application under
Section 438 of the Code of Criminal
Procedure, 1973, the applicants-accused have
prayed for anticipatory bail in connection
with the FIR being C.R. No.I-15 of 2019
registered with Shahpur Police Station,
District Ahmedabad for the offenses
punishable under Sections 306, Section498A and Section114
of the Indian Penal Code.

3. Learned advocate for the applicants submits
that the nature of allegations are such for
which custodial interrogation at this stage
is not necessary. He further submits that the
applicants will keep themselves available

Page 1 of 5

Downloaded on : Sun Jun 30 20:44:52 IST 2019
R/CR.MA/8566/2019 ORDER

during the course of investigation, trial
also and will not flee from justice.

4. Learned advocate for the applicants, on
instructions, states that the applicants are
ready and willing to abide by all the
conditions including imposition of conditions
with regard to powers of Investigating Agency
to file an application before the competent
Court for their remand. He further submits
that upon filing of such application by the
Investigating Agency, the right of applicants
accused to oppose such application on merits
may be kept open. Learned advocate,
therefore, submitted that considering the
above facts, the applicants may be granted
anticipatory bail.

5. Learned Public Prosecutor appearing on behalf
of the respondent – State has opposed grant
of anticipatory bail looking to the nature
and gravity of the offence.

6. Having heard the learned advocates for the
parties and perusing the material placed on
record as well as considering the facts of
the case, nature of allegations, gravity of
offences, role attributed to the accused,
without discussing the evidence in detail, at
this stage, I am inclined to grant
anticipatory bail to the applicants. This
Court has also considered the aspects that;

Page 2 of 5

Downloaded on : Sun Jun 30 20:44:52 IST 2019

R/CR.MA/8566/2019 ORDER

(i) the applicant no.1 is the maternal uncle
and the applicant no.2 is the maternal aunt
of the deceased; (ii) general allegations are
levelled against the applicants; (iii) it is
contended by learned advocate for the
applicants that other two co-accused are
released on anticipatory bail by this Court;
in view of the aforesaid facts, this
application is allowed. This Court has also
taken into consideration the law laid down by
the Hon’ble Apex Court in the case of
SectionSiddharam Satlingappa Mhetre vs. State of
Maharashtra and Ors. as reported at [2011] 1
SCC 694, wherein the Hon’ble Apex Court
reiterated the law laid down by the
Constitution Bench in the case of Shri
Gurubaksh Singh Sibbia Ors., as reported at
(1980) 2 SCC 565.

7. In the result, the present application is
allowed. The applicants are ordered to be
released on bail in the event of their arrest
in connection with a FIR being C.R. No.I-15
of 2019 registered with Shahpur Police
Station, District Ahmedabad on their
executing a personal bond of Rs.10,000/-
(Rupees Ten Thousand Only) each with one
surety of like amount on the following
conditions:

(a) shall cooperate with the investigation
and make themselves available for

Page 3 of 5

Downloaded on : Sun Jun 30 20:44:52 IST 2019
R/CR.MA/8566/2019 ORDER

interrogation whenever required;

(b) shall remain present at concerned Police
Station on 9.5.2019 between 11.00 a.m.
and 2.00 p.m.;

(c) shall not directly or indirectly make
any inducement, threat or promise to any
person acquainted with the fact of the
case so as to dissuade him from
disclosing such facts to the court or to
any police officer;

(d) shall not obstruct or hamper the police
investigation and not to play mischief
with the evidence collected or yet to be
collected by the police;

(e) shall at the time of execution of bond,
furnish the address to the investigating
officer and the court concerned and
shall not change his residence till the
final disposal of the case till further
orders;

(f) shall not leave India without the
permission of the Court and if having
passport shall deposit the same before
the Trial Court within a week; and

(g) it would be open to the Investigating
Officer to file an application for
remand if he considers it proper and
just and the learned Magistrate would
decide it on merits;

8. Despite this order, it would be open for the
Investigating Agency to apply to the competent
Magistrate, for police remand of the applicants.
The applicants shall remain present before the
learned Magistrate on the first date of hearing

Page 4 of 5

Downloaded on : Sun Jun 30 20:44:52 IST 2019
R/CR.MA/8566/2019 ORDER

of such application and on all subsequent
occasions, as may be directed by the learned
Magistrate. This would be sufficient to treat the
accused in the judicial custody for the purpose
of entertaining application of the prosecution
for police remand. This is, however, without
prejudice to the right of the accused to seek
stay against an order of remand, if, ultimately,
granted, and the power of the learned Magistrate
to consider such a request in accordance with
law. It is clarified that the applicants, even
if, remanded to the police custody, upon
completion of such period of police remand, shall
be set free immediately, subject to other
conditions of this anticipatory bail order.

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

10. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

(VIPUL M. PANCHOLI, J)
SRILATHA

Page 5 of 5

Downloaded on : Sun Jun 30 20:44:52 IST 2019

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation