Allowed

Kazi Umarbhai Hayatbhai v. State of Gujarat

Gujarat HC27 Jul 2018CR.MA/13400/2018

Case brief

AI extract

What is this about?

The Ahmedabad High Court granted regular bail to the applicant in a criminal matter involving offences under IPC Sections 498-A, 376(D), 342, 323, and 506(2). The court imposed conditions including a personal bond, prohibition on leaving India, and requirement to appear as required.

What did the court decide?

Released on regular bail on executing a personal bond of Rs. 10,000 with one surety, subject to specified conditions.

Kazi Umarbhai Hayatbhai Vs State of Gujarat — Bail and Remand | Gujarat HC (2018)

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R/CR.MA/13400/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 13400 of 2018

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

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KAZI UMARBHAI HAYATBHAI

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR MM TIRMIZI for the Applicant

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MR RAKESH PATEL for the Respondent – State

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

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 27/07/2018 ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R. No.I-29 of 2018 registered with the Surendranagar City “A” Division Police Station for the offence punishable under Sections 498-A 376(D), 342, 323, 506(2) read with Section 114 of the Indian Penal Code.

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The 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.

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The 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.

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The learned advocates appearing on behalf of the respective

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R/CR.MA/13400/2018 ORDER

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parties do not press for further reasoned order.

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I have heard the learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the role played by the applicant.

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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-29 of 2018 registered with the Surendranagar City “A” Division Police Station, on executing a personal bond of Rs.10,000/(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly;

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[e] furnish the present address of residence to the

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Page 2 of 3

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R/CR.MA/13400/2018 ORDER

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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;

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The authorities will release the applicant 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.

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(J.B.PARDIWALA, J)

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ALI

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Kazi Umarbhai Hayatbhai v. State of Gujarat

Case brief

What is this about?

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Kazi Umarbhai Hayatbhai v. State of Gujarat

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