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Mohammadshoiab Yakubbhai … vs State Of Gujarat on 23 August, 2018

R/CR.MA/11742/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 11742 of 2018

MOHAMMADSHOIAB YAKUBBHAI ABDULRAHIM MOLVI
Versus
STATE OF GUJARAT

Appearance:
DARSHIT R BRAHMBHATT(8011) for the PETITIONER(s) No. 1
MR LB DABHI, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

Date : 23/08/2018

ORAL ORDER

1. The present application is filed under Section 439
of the Code of Criminal Procedure for regular bail in
connection with an offence being C.R.No.I- 18 of 2018
registered with Nadiad Town Police Station, for the offences
punishable under Sections 498A, 306, 114 etc. of the Indian
Penal Code.

2. Learned advocate appearing on behalf of the
applicant submits that considering the nature of offence, the
applicant may be enlarged on regular bail by imposing
suitable conditions.

3. Learned Additional Public Prosecutor appearing on
behalf of the respondent-State has opposed grant of regular
bail looking to the nature and gravity of the offence.

4. Learned advocates appearing on behalf of the

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R/CR.MA/11742/2018 ORDER

respective parties do not press for further reasoned order.

5. I have heard learned advocates appearing on
behalf of the respective parties and perused the papers of
investigation and considered the allegations levelled against
the applicant and the role played by the applicant. I have
considered the fact that investigation is concluded and charge
sheet is filed. I have also considered the fact that the
applicant is in jail for about last six months. As per the report
of learned Trial Judge concerned dated 14.08.2018, there is
no indication that trial is likely to be finished within a period
of six months.

6. In the facts and circumstances of the case and
considering the nature of allegations made against the
applicant in the FIR, 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 and the
applicant is ordered to be released on regular bail in
connection with an offence being C.R.No.I- 18 of 2018
registered with Nadiad Town Police Station, on executing a
personal bond of Rs.15,000/- (Rupees Fifteen thousands only)
with one surety of the like amount to the satisfaction of the
learned 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

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R/CR.MA/11742/2018 ORDER

a week;
[d] not leave India without prior permission of the
Sessions Judge concerned;
[e] mark presence before the concerned Police Station

on every Monday for a period of three months and
thereafter on any day of first week of each English
Calendar Month for a period of six months;
[f] furnish latest address of residence to 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;

7. The Authorities will release the applicant on
regular bail 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 applicant on bail. Rule is made
absolute to the aforesaid extent.

Direct service is permitted.

(R.P.DHOLARIA, J)
TAUSIF SAIYED

Page 3 of 3

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