Allowed

Mahommad Musaddik Ilyasbeg Mirza v. State of Gujarat

Gujarat HC15 Feb 2019CR.MA/778/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the applicant accused for offences under Section 148 IPC and others. The High Court imposed personal bond conditions and clarified that the investigating agency can still apply for remand, which the applicant must appear on.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 10,000 with one surety, release on bail upon arrest if remand ordered.

Mahommad Musaddik Ilyasbeg Mirza Vs State of Gujarat — Bail and Remand | Gujarat HC (2019)

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R/CR.MA/778/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 778 of 2019

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MAHOMMAD MUSADDIK ILYASBEG MIRZA

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Versus STATE OF GUJARAT

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Appearance:

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MR P P MAJMUDAR(5284) for the PETITIONER(s) No. 1 MS SHRUTI PATHAK, ADDITIONAL PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 15/02/2019 ORAL ORDER

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1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R.No.I– 17 of 2017 registered with Hasot Police Station, District Bharuch , for the offences punishable under Sections 143, 147, 148, 149, 452, 436, 427 and 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

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3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions

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Page 1 of 5

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R/CR.MA/778/2019 ORDER

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including imposition of conditions with regard
to powers of Investigating Agency to file an
application before the competent Court for his
remand. He further submits that upon filing of
such application by the Investigating Agency,
the right of applicant accused to oppose such
application on merits may be kept open. Learned
advocate, therefore, submitted that considering
the above facts, the applicant may be granted
anticipatory bail.

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4.Learned Additional Public Prosecutor appearing
on behalf of the respondent – State has opposed
this application and pointed out from the
investigation papers that as per the statements
of the witnesses, the applicant was present at
the time of the incident and when the charge-
sheet is filed against co-accused, the applicant
was not available. Therefore, this Court may not
exercise discretion in favour of the applicant.

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5.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
offence, role attributed to the accused, without
discussing the evidence in detail, at this
stage, this Court is inclined to grant
anticipatory bail to the applicant.

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6. This Court has also considered the following aspects:

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(i)in the cross FIR, which is filed by the
group of the present applicant against the

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Page 2 of 5

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R/CR.MA/778/2019 ORDER

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present first informant and others wherein
similar allegations are levelled against the
other groups. The concerned Sessions Court has
released the accused of the said FIR. Similar
allegations are levelled against the applicant
in the present FIR. Further, it appears that the
Sessions Court has not exercised discretion in
favour of the applicant, as the applicant was
not available when the charge-sheet was filed
against other accused. However, the applicant
has assured this Court that the applicant would
appear before the concerned Police Officer and
co-operate with the Investigating Agency.

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7.This Court has also taken into consideration the
law laid down by the Hon’ble Apex Court in the
case of Siddharam 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. Vs. State of Punjab, as reported at
(1980) 2 SCC 665.

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8.In the result, the present application is
allowed. The applicant is ordered to be released
on bail in the event of his arrest in connection
with a FIR being C.R.No.I–17 of 2017 registered
with Hasot Police Station, District Bharuch,on
his executing a personal bond of Rs.10,000/-
(Rupees Ten Thousand Only) with one surety of
like amount on the following conditions:

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Page 3 of 5

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R/CR.MA/778/2019 ORDER

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(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

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(b) shall remain present at concerned Police Station on 22.02.2019 between 11.00 a.m. and 2.00 p.m.;

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(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;

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(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;

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(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;

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(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

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(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;

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9. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned

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Page 4 of 5

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R/CR.MA/778/2019 ORDER

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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
applicant, 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.

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

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(VIPUL M. PANCHOLI, J)

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piyush

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Page 5 of 5

Mahommad Musaddik Ilyasbeg Mirza v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mahommad Musaddik Ilyasbeg Mirza v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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