Allowed

Aslam Mamad Sanghar v. State of Gujarat

Gujarat HC22 Dec 2021CR.MA/17824/2021

Case brief

AI extract

What is this about?

In a criminal bail application under Section 439 CrPC, the High Court of Gujarat granted regular bail to the applicant accused of offences under IPC and POCSO. The court considered the 09-month delay in FIR, hostile depositions, and a stated settlement between parties before order release with conditions including passport surrender and presence in police station. The applicant was ordered to exec

What did the court decide?

Applicant ordered to be released on regular bail upon execution of a personal bond of Rs. 15,000 with one solvent surety of like amount.

Aslam Mamad Sanghar Vs State of Gujarat — Child Sexual Offences (POCSO) | Gujarat HC (2021)

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R/CR.MA/17824/2021 ORDER DATED: 22/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17824 of 2021

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ASLAM MAMAD SANGHAR

Versus

STATE OF GUJARAT

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Appearance:

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M S PADALIYA(7406) for the Applicant(s) No. 1

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MR MAHAMMADNAZIM A GHORI(10948) for the Applicant(s) No. 1 MR PARTH D PATEL(9754) for the Respondent(s) No. 2 MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 22/12/2021

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ORAL ORDER

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Rule , returnable forthwith. Ms. Thakkar, learned APP waives service of notice of rule on behalf of the respondent – State.

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The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. 11202057210514 of 2021 registered with Sikka Police Station, District: Jamnagar for the offences punishable under Sections 367(2)(n), 323, 363, 506, 506(2) & 114 of the Indian Penal Code, Sections 4 & 6 of the POCSO Act and under Section 3(2)(5) of the Atrocities Act, 1989.

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Learned advocate for the applicant submits that FIR has been lodged after 09 months from the date of the incident. It

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Page 1 of 4

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R/CR.MA/17824/2021 ORDER DATED: 22/12/2021

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is also submitted that applicant is not likely to jump the bail, since having roots in the society. It is also submitted that charge sheet is already filed and deposition of the complainant and victim are recorded and they have turned hostile and considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

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Ms. Moxa Thakkar, 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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I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. However, it is pertinent to note that on the last date of hearing i.e. on 7^th December, 2021, the complainant – victim was present and as per the submission of the learned advocate for the applicant, the matter is amicably settled between the parties, regarding which inquiry was made and the settlement was admitted by the victim. The settlement terms were taken on record.

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This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40 .

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In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge

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Page 2 of 4

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R/CR.MA/17824/2021 ORDER DATED: 22/12/2021

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the applicant on regular bail.

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This Court has considering the following aspects:

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(i) The applicant is in jail since 19^th July, 2021;

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(ii) Investigation is over and charge sheet is filed;

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(iii) Deposition of victim and the complainant are already recorded and they have turned hostile;

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(iv) FIR is filed by delay of 09 months;

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(v) The complainant – mother of the victim has filed affidavit denying each and every allegation against the present applicant.

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In the result, 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. 11202057210514 of 2021 registered with Sikka Police Station, District: Jamnagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

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[a] not take undue advantage of liberty or misuse liberty; [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 once between 1^st and 5^th day of every English calendar month

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Page 3 of 4

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R/CR.MA/17824/2021 ORDER DATED: 22/12/2021

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for a period of six months.;

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[f] furnish latest and permanent 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 into the vicinity where the victim resides for the period of 6 months or till the trial is over, whichever is earlier.

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

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

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(RAJENDRA M. SAREEN, J.)

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AMAR RATHOD...

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Aslam Mamad Sanghar v. State of Gujarat

Case brief

What is this about?

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Aslam Mamad Sanghar v. State of Gujarat

Case brief

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