Allowed

Fakruddin Haiderbhai Abdulkadar Ghadiyari v. State of Gujarat

Gujarat HC1 Dec 2020CR.MA/8564/2020

Case brief

AI extract

What is this about?

This High Court of Gujarat, in an oral order, disposed of a bail application by the applicant, a man accused of offences under IPC and IT Act. The court granted regular bail, subject to personal bond, surety, passport surrender, and specific appearance conditions, noting the charge sheet was filed and co-accused were released.

What did the court decide?

Applicant released on regular bail with personal bond of Rs.10,000 and one surety, subject to specific conditions including marking presence before police station.

Fakruddin Haiderbhai Abdulkadar Ghadiyari Vs State of… — Cheating and Forgery | Gujarat HC (2020)

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R/CR.MA/8564/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 8564 of 2020

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========================================================== FAKRUDDIN HAIDERBHAI ABDULKADAR GHADIYARI Versus STATE OF GUJARAT

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

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Appearance:

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MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Applicant MR JK SHAH, APP for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 01/12/2020

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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 an offence being C.R.No.I-233 of 2019 registered with Gandhinagar Sector-7 Police Station, Gandhinagar for the offences punishable under Sections 406, 409, 420 and 120(B) of the Indian Penal Code, 1860 and Section 70 of the Information Technology Act.

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Mr.Maulik Nanavati, learned advocate for the applicant has submitted that after completion of the investigation, now the chargesheet has already been submitted and now, there is no likelihood of misuse of liberty in any manner. It has further been submitted that all the accused connected with this offence are already released on regular bail, a copy whereof are attached to the application. It has been specifically pointed out that no material except the recovery of mobile instrument and mere statement of co-accused is against the applicant. Even, according to learned advocate for the applicant, one Pravindan Shivdan Gadhavi, co-accused with a graver and similar role have been released vide order dated 30.7.2020 passed in CR.MA No.9358 of 2020.

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Page 1 of 4

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R/CR.MA/8564/2020 ORDER

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Hence, the case of the applicant may be considered for grant of regular bail.

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

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I have heard 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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This Court has considered the following aspects :

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(i) The applicant is in jail since 25.12.2019.

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(ii) After completion of investigation, the charge-sheet has also been submitted and the case is triable by the court of learned Magistrate.

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(iii) Considering the record and the submissions, all other co-accused persons having similar or more graver role, have already been released by the Coordinate Bench of this Court.

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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 versus Central Bureau of Investigation reported in (2012)1 SCC 40.

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8 . In the facts and circumstances of the case and considering the

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Page 2 of 4

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R/CR.MA/8564/2020 ORDER

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nature of allegations made against the applicant in the FIR and 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-233 of 2019 registered with Gandhinagar Sector-7 Police Station, Gandhinagar , on executing a personal bond of Rs.10,000/- (Rupees Ten 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 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 State of Gujarat without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station on alternate Monday of every English Calendar Month for a period of six months between 11.00 am to 2.00 pm;

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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 this Court;

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[g] not enter the revenue limits of District Gandhinagar till the conclusion of the trial, except for the purpose of marking presence at the concerned police station;

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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

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Page 3 of 4

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R/CR.MA/8564/2020 ORDER

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be free to issue warrant or take appropriate action in the matter.

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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.

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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.

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12. Rule is made absolute to the aforesaid extent.

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The Registry is directed to send the copy of this order for intimation to the concerned Jail Authority and the concerned Sessions Court through Fax Message, Email and/or any other suitable electronic mode.

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The learned advocate for the applicant is also permitted to send the copy of this order for intimation to the concerned Jail Authority and the concerned Sessions Court through Fax Message, Email and/or any other suitable electronic mode.

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(ASHUTOSH J. SHASTRI, J)

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NAIR SMITA V.

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Fakruddin Haiderbhai Abdulkadar Ghadiyari v. State of Gujarat

Case brief

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Fakruddin Haiderbhai Abdulkadar Ghadiyari v. State of Gujarat

Case brief

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