Allowed

Sirajkhan Rahimkhan Malek v. State of Gujarat

Gujarat HC4 Aug 2020CR.MA/10547/2020

Case brief

AI extract

What is this about?

Single judge allowed bail application for regular bail under Section 439 CrPC. Applicant was in custody since 18.12.2019 charged with Sections 307, 353, 427, 504, 34 of IPC and Section 135 of G.P.Act. Court held it is a fit case to enlarge applicant on personal bond of Rs.15,000 with one surety subject to standard conditions.

What did the court decide?

Relief: Regular bail granted on personal bond of Rs.15,000 with one surety subject to conditions including surrender of passport and periodic police appearance.

Sirajkhan Rahimkhan Malek Vs State of Gujarat — Murder and Culpable Homicide | Gujarat HC (2020)

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R/CR.MA/10547/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 10547 of 2020

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SIRAJKHAN RAHIMKHAN MALEK

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Versus

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STATE OF GUJARAT

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

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MR DIPEN K DAVE(3296) for the Applicant(s) No. 1 MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

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Date : 04/08/2020

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ORAL ORDER

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[1] Rule . Learned APP waives service of notice of rule for and on behalf of respondent-State.

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[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.64 of 2019 registered with Limbadi Police Station, Surendranagar for the offence punishable under Sections 307, 353, 427, 504, 34 of the Indian Penal Code and under Section 135 of the G.P.Act.

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[3] Learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[4] Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.

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Page 1 of 3

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R/CR.MA/10547/2020 ORDER

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[5] Having heard the learned advocates for the parties and taking into consideration that (i) the applicant is in jail since 18.12.2019; (ii) it is submitted that injured is discharged from the hospital long back; (iii) it is submitted by learned advocate for the applicant that applicant is not named in the FIR. He is implicated on the basis of the statement of coaccused. However, learned advocate has fairly submitted that thereafter TI Parade was conducted and applicant has been identified in the T.I. Parade. Learned advocate has referred the role attributed to the applicant from the affidavit filed by the Investigating Officer before the concerned Sessions Court. It is further submitted that as per the case of the prosecution, applicant was sitting in the INNOVA car alongwith other co-accused; (iv) Co-accused has already been enlarged on bail by the Co-ordinate Bench of this Court.

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[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.64 of 2019 registered with Limbdi Police Station, Surendranagar 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;

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

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[b] not act in a manner injuries 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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Page 2 of 3

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R/CR.MA/10547/2020 ORDER

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

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[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

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[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 the trial Court;

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[7] 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.

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[8] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

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(R.P.DHOLARIA, J)

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TAUSIF/MANOJ

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Page 3 of 3

Sirajkhan Rahimkhan Malek v. State of Gujarat

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Sirajkhan Rahimkhan Malek v. State of Gujarat

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