Allowed

Salim @ Saliyo Ismailbhai Lakhani v. State of Gujarat

Gujarat HC15 Jul 2019CR.MA/6603/2019

Case brief

AI extract

What is this about?

The Gujarat High Court allowed the bail application of an applicant charged with POCSO and IPC offences. The Court held it was a fit case for regular bail despite the gravity of charges, considering investigation concluded and the applicant had been in jail since January 2018.

What did the court decide?

The applicant is ordered to be released on regular bail on executing a personal bond of Rs.10,000 with one surety and complying with specific conditions.

Salim @ Saliyo Ismailbhai Lakhani Vs State of… — Child Sexual Offences (POCSO) | Gujarat HC (2019)

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R/CR.MA/6603/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6603 of 2019

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SALIM @ SALIYO ISMAILBHAI LAKHANI

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Versus STATE OF GUJARAT

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Appearance:

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MR.MRUDUL M BAROT(3750) for the Applicant(s) No. 1 MR LB DABHI, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 15/07/2019 ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-25 of 2018 registered with Puna Police Station, Surat for offence under Sections 363, 366, 376 and 114 of the Indian Penal Code and Section 4 of the POCSO Act.

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

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Learned APP 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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Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the

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R/CR.MA/6603/2019 ORDER

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evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

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The following aspects are taken into consideration:

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(i) Applicant is in jail since 23.1.2018.

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(ii) Investigation is concluded.

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(iii) Charge-sheet is filed.

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(iv) It is contended by the learned advocate for the applicant that medical certificate of the prosecutrix does not support the case of the prosecution and the said aspect is verified by the learned APP from the Investigating Officer, who is present before this Court with investigation papers.

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This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation , reported in [2012] 1 SCC 40 .

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-25 of 2018 registered with Puna Police Station, Surat 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 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] surrender passport, if any, to the lower court within a

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R/CR.MA/6603/2019 ORDER

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week;

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

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[e] mark presence before the concerned Police Station between 1^st to 10^th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

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[f] furnish the present 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 the Sessions 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 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.

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

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

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(VIPUL M. PANCHOLI, J)

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ALI

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Salim @ Saliyo Ismailbhai Lakhani v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Salim @ Saliyo Ismailbhai Lakhani v. State of Gujarat

Case brief

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