Allowed

Sikander Ismail Traya v. State of Gujarat

Gujarat HC6 Aug 2020CR.MA/9557/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by SIKANDER ISMAIL TRAYA under Section 439 CrPC. The court held the case was fit for bail as crucial investigation was complete and a co-accused was already released, granting bail with conditions including appearance summons and passport surrender.

What did the court decide?

Applicant released on regular bail with a personal bond of Rs 15,000 and one surety, subject to conditions of appearing before police station, surrendering passport, and not leaving India without perm

Sikander Ismail Traya Vs State of Gujarat — Property and Title | Gujarat HC (2020)

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R/CR.MA/9557/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 9557 of 2020

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SIKANDER ISMAIL TRAYA

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Versus

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STATE OF GUJARAT

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

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DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1 MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

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Date : 06/08/2020

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ORAL ORDER

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[1] Heard learned advocates for the respective parties through video conferencing.

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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.I-11205043202204 of 2020 registered with Bhuj-B Division Police Station, Kachchh for the offence punishable under Sections 25(1B)(a), 25(1-B)(C), 30 of the Arms Act, under Section 465 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/9557/2020 ORDER

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[5] Having heard the learned advocates for the parties and taking into consideration that (i) crucial part of the investigation is over and (ii) co-accused has already been enlarged on bail.

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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.I-11205043202204 of 2020 registered with Bhuj-B Division Police Station, Kachchh 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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[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 first Monday of every three moths of English calendar for a period of three years, between 10:00 a.m. and 2:00

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p.m.; or till final disposal of the case.

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[f] furnish latest address of residence to the Investigating

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Page 2 of 3

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R/CR.MA/9557/2020 ORDER

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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 SAIYED

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Page 3 of 3

Sikander Ismail Traya v. State of Gujarat

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Sikander Ismail Traya v. State of Gujarat

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