Allowed

Imran Ibrahim Kazi v. State of Gujarat

Gujarat HC13 Jan 2021CR.MA/19510/2020

Case brief

AI extract

What is this about?

Application filed under Section 439 CrPC for regular bail in a cyber fraud case. The court held that the applicant managed the transferred funds and release is reasonable upon deposit of the amount. Bail allowed with strict conditions requiring deposit of funds by April 15, 2021, and including a personal bond.

What did the court decide?

Applicant released on regular bail upon executing a personal bond of Rs. 50,000 with one surety and depositing Rs. 18,20,000 by 15th April 2021.

Imran Ibrahim Kazi Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2021)

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R/CR.MA/19510/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 19510 of 2020

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========================================================== IMRAN IBRAHIM KAZI Versus STATE OF GUJARAT

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Appearance:

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MR HARDIK A DAVE(3764) for the Applicant(s) No. 1 PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

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Date : 13/01/2021

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ORAL ORDER

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Heard Mr. Hardik Dave, learned counsel for the applicant and Ms. Krina Calla, learned APP for the respondent – State through Video Conferencing.

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By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the Applicant is seeking his release on regular bail in a crime, where he is charged in connection with the FIR being C.R.No.11210062200016 of 2020 registered at Cyber Crime Police Station, Dist. Surat , for the offence punishable under Sections 420 and 120(b) of the IPC and Section 66-C and 66-D of the IT Act.

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3. The facts in brief are that, the bank account of construction company was hacked by some unknown suspects during the time between 26.07.2020 to 27.07.2020 and accordingly, Rs.1,71,83,013/- have been illegally transferred into the various bank accounts of several unknown persons, as a result, the above referred FIR came to be filed. During the course of investigation, names of 3 Nigerian persons cropped up and as a modus operandie, the present applicant Imran Kazi and others have transferred Rs.18,20,000/- in the different accounts on the

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Page 1 of 4

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R/CR.MA/19510/2020 ORDER

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basis of 1 % commission and the same was withdrawn and payment has been made to the main hackers.

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Mr. H.A.Dave, learned counsel appearing for the applicant would submit that, the investigation is over and considering the role attributable to the present applicant, the applicant is ready to deposit the amount of Rs.18,20,000/- before the concerned Court.

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On the other hand, learned APP appearing for the respondent – State vehemently submits that, looking to the facts as well as the allegations made against the applicant, no discretion would require to be exercised.

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In the facts and circumstances of the case and considering the nature of allegations and the role attributable to the applicant, this Court is of the opinion that, Rs.18,20,000/- have been managed by the present applicant and his aids. The applicant is in jail since 02.09.2020 and FIR in question came to be registered on 26.07.2020. The investigation is concluded and chargesheet is filed. Therefore, the proposal by learned counsel for the applicant to deposit an amount of Rs.18,20,000/- is quite reasonable. Therefore, considering the facts and circumstances of the case as well as the role attributable to the applicant, discretion is required to be exercised to enlarge the applicant on regular bail.

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Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11210062200016 of 2020 registered at Cyber Crime Police Station, Dist. Surat, on executing a personal bond of Rs.50,000/- (Rupees Fifty 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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Page 2 of 4

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R/CR.MA/19510/2020 ORDER

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Nos	Conditions
(a)	not take undue advantage of liberty or misuse liberty;
(b)	not act in a manner injuries to the interest of the prosecution;
(c)	surrender passport, if any, to the lower court within a week;
(d)	not leave the territory of Gujarat State without prior permission of the Sessions Judge concerned;
(e)	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;
(f)	The applicant shall deposit Rs.18,20,000/- (Rupees Eighteen Lakhs Only) on or before,15^thApril, 2021, before the Sessions Courtwithout prejudice to his right and contentions;
(g)	After releasing the applicant, the applicant shall file an undertaking before the concerned Court, to the effect that he shall deposit Rs.18,20,000/- latest by15^thApril, 2021within one week.
(h)	If the applicant makes any default in making the payment referred to above, the bail would automatically stands cancelled and the Sessions Court will issue non- bailable warrant and take him into the custody.
(I)	The applicant shall mark his presence in the first week of every month for a period of four months.

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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 trial Court 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

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R/CR.MA/19510/2020 ORDER

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conditions, except condition Nos.7 (f) & 7(g) 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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Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e-mail.

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(ILESH J. VORA,J)

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P.S. JOSHI

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Imran Ibrahim Kazi v. State of Gujarat

Case brief

What is this about?

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Imran Ibrahim Kazi v. State of Gujarat

Case brief

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