Allowed

Mohammad Arbaz @ Tebri Aslam Shaikh v. State of Gujarat

Gujarat HC9 Dec 2021CR.MA/18111/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicant in a murder and affray case at the instance of grounds such as the completion of investigation, the non-seriousness of the applicant's role, and the absence of likelihood of witness tampering.

What did the court decide?

Application allowed; applicant released on regular bail on personal bond of Rs.15,000 with one solvent surety subject to specified conditions.

Mohammad Arbaz @ Tebri Aslam Shaikh Vs State of… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/18111/2021 ORDER DATED: 09/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 18111 of 2021

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================================================== MOHAMMAD ARBAZ @ TEBRI ASLAM SHAIKH

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Versus

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STATE OF GUJARAT

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

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MR P P MAJMUDAR(5284) for the Applicant(s) No. 1 MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 09/12/2021

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ORAL ORDER

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[1] 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.I- 137 of 2017 registered with Ankleshwar City Police Station, District: Bharuch for the offences under Sections 302, 504 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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[2] Brief facts of the case on hand are that as per the case of the prosecution, on 08.06.2017, the deceased was coming out of the Masjid, was stopped by the applicant as well as other co-accused and demanded the money, which deceased was not able to give. Thereafter scuffle took place and two

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Page 1 of 5

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R/CR.MA/18111/2021 ORDER DATED: 09/12/2021

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accused including the present applicant caught hold of the deceased and third accused has inflicted knife blow in the chest of the deceased. Applicant was arrested on 10.06.2017. Charge – sheet was filed.

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[2.1] Applicant has filed an application for regular bail before the trial Court being Criminal Misc. Application No.242 of 2018, which was allowed and applicant was released vide order dated 04.04.2018.

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[2.2] Subsequently, an order of the trial Court was challenged by the prosecution by preferring Criminal Misc. Application No.10382 of 2018, which was allowed and applicant’s bail was cancelled vide order dated 06.12.2018 and the matter was remanded back to the trial Court to heard it afresh. Such bail application was reheard and the same was rejected vide order dated 22.07.2019. by the trial Court.

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[2.3] Thereafter, applicant has again preferred bail application being Criminal Misc. Application No.568 of 2021 before the trial Court, which was rejected vide order dated 09.09.2021. Therefore, present application has been filed.

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[3] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant and that no prima facie case is there against the

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Page 2 of 5

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R/CR.MA/18111/2021 ORDER DATED: 09/12/2021

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applicant, 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 has opposed grant of regular bail looking to the nature and gravity of the offence.

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[5] 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.

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[6] 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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[7] In the facts and circumstances of the case and considering the nature of allegations made aginst the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[8] This Court has considering the following aspects:

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(i) Investigation is over and charge sheet is filed.

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(ii) Applicant is in custody from 10.06.2017 to 04.04.2018 and then from 27.05.2019 till today. During the period in between, he was released on bail and thereafter apprehended,

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R/CR.MA/18111/2021 ORDER DATED: 09/12/2021

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subsequent to the order of rejection of the bail.

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(iii) Role attributed to the applicant is not serious in nature, since he has not inflicted the deceased in any manner. (iv) There is no possibility of tempering or hampering with the witnesses.

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[9] 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.I- 137 of 2017 registered with Ankleshwar City Police Station, District: Bharuch 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;

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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 once between 1st and 5th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent address of residence to

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R/CR.MA/18111/2021 ORDER DATED: 09/12/2021

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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 Ankleshwar City for a period of 6 months, except to mark presence and to attend the trial.

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[10] 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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DRASHTI K. SHUKLA

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Mohammad Arbaz @ Tebri Aslam Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mohammad Arbaz @ Tebri Aslam Shaikh v. State of Gujarat

Case brief

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What did the court decide?

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