Allowed

Imran Remanbhai Mugal v. State of Gujarat

Gujarat HC11 Jul 2019CR.MA/7145/2019

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicant under Section 439 CrPC. Considering that investigation concluded, co-accused released, no recovery made, and an FIR delay, the Court exercised discretion allowing release on bond with strict conditions.

What did the court decide?

Applicant released on regular bail on a personal bond of Rs.10,000 with one surety, subject to specific conditions.

Imran Remanbhai Mugal Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/7145/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7145 of 2019

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IMRAN REMANBHAI MUGAL

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Versus

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STATE OF GUJARAT

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Appearance:

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MR CHINTAN S POPAT(5004) 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 : 11/07/2019

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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 I-C.R.No.122 of 2018 registered with Veraval City Police Station for offences under Sections 384, 386, 506(2), 504, 34 and 364(a) of the Indian Penal Code.

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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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Page 1 of 4

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R/CR.MA/7145/2019 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 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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This Court has considered the following aspects.

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6.1 the applicant is in jail since 14.12.2018;

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6.2 the investigation is concluded and charge-sheet is filed;

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6.3 the co-accused has been enlarged on anticipatory bail by this Court vide order dated 11.02.2019 copy of which is produced at page:12 of the compilation;

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6.4 it is contended by learned advocate for the applicant that there is no discovery or recovery from the applicant;

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6.5 it is also contended by learned advocate that for the alleged incident, which has taken place on 10.10.2018, the FIR in question is filed on 12.12.2018. Thus, there is delay of two months in loding the FIR;

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6.6 it is submitted by learned APP for the respondent State that there are ten other FIRs registered against the applicant and in support of the said contention, learned APP has referred to affidavit filed by the Investigating Officer before the concerned Sessions Court which is produced at page:23 of the compilation; the said affidavit is carefully examined and it is revealed that all the ten offences are registered during the period between 2006 to 2013 however, after the year 2013,

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Page 2 of 4

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R/CR.MA/7145/2019 ORDER

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no FIR is registered against the applicant except the present one;

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6.7 looking to the aforesaid facts and circumstances of the present case, I am inclined to exercise the discretion in favour of the applicant.

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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 I-C.R.No.122 of 2018 registered with Veraval City 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 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 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

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Page 3 of 4

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R/CR.MA/7145/2019 ORDER

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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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MISHRA AMIT V.

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Page 4 of 4

Imran Remanbhai Mugal v. State of Gujarat

Case brief

What is this about?

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Imran Remanbhai Mugal v. State of Gujarat

Case brief

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