Allowed

Irfan Mustufa Mansuri v. State of Gujarat

Gujarat HC5 Apr 2021CR.MA/3934/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant in a cheating and criminal breach of trust matter. The court considered the nature of allegations, the fact that investigation was complete, and the applicant's readiness to deposit security as factors to exercise its discretion and grant release.

What did the court decide?

Released on regular bail on executing personal bond of Rs.10,000/- with one surety and depositing Rs.75,000/- immediately with balance Rs.25,000/- within two months.

Irfan Mustufa Mansuri Vs State of Gujarat — Contract and Commercial Disputes | Gujarat HC (2021)

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R/CR.MA/3934/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 3934 of 2021

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IRFAN MUSTUFA MANSURI

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Versus STATE OF GUJARAT

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Appearance:

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VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1 MR. RONAK RAVAL, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 05/04/2021 ORAL ORDER

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1. Heard learned advocate Mr.Vasimraja A Kureshi for the applicant and learned Additional Public Prosecutor Mr. Ronak Raval for the respondent – State through Video Conferencing.

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2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11197025202033 of 2020 registered with Karanj Police Station, District Vadodara, punishable under Sections 406, 420, 465, 468, 471 and 114 of the Indian Penal Code.

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3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

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Page 1 of 5

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R/CR.MA/3934/2021 ORDER

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4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences which have been charged are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

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5. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

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6. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

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(i) the applicant is in jail since 18.12.2020;

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(ii) the investigation is over and the charge-sheet is already filed;

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(iii) learned advocate Mr. Kureshi made a statement at bar that the applicant is ready and willing to deposit a sum of Rs.1,00,000/- (Re: One Lakh Only) without prejudice to his rights and contentions and without admitting his guilt and only for the purpose of getting enlarged on bail;

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Page 2 of 5

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R/CR.MA/3934/2021 ORDER

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(iv) According to learned advocate Mr. Kureshi on depositing an amount of Rs.75,000/-(Re: Seventy Five Thousand), the present applicant may released on bail and remaining amount of Rs.25,000/- (Re: Twenty Five Thousand), the petitioner shall deposit the trial court within a period of two months after his release;

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7. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 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.11197025202033 of 2020 registered with Karanj Police Station, District Vadodara on executing personal bond of Rs.10,000/- (Rupees Ten thousand 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; 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;

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[d] not leave India without prior permission of the Sessions Judge concerned;

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[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;

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R/CR.MA/3934/2021 ORDER

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[f] mark his presence before the concerned police station in the first week of every month till filing of charge-sheet.

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[g] applicant shall not leave the State of Gujarat without permission of the concerned trial court; [h] applicant shall deposit an amount of Rs.75,000/before the trial Court while releasing from jail, and remaining amount of Rs.25,000/- shall be deposited within a period of two months from the date of his release;

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[I] The Trial Court shall not influenced by the fact that the applicant is ready and willing to deposit and amount of Rs.1,00,000/- for getting enlarged on bail and the trial court may consider the role of the present applicant without being influenced by the fact that the applicant voluntarily depositing an amount of Rs.1,00,000/-.

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8. The Authorities will release the applicant only if the applicant 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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9. Registry to send a copy of this order to the concerned

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R/CR.MA/3934/2021 ORDER

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advocate, the Jail Authority as well as learned Sessions Court forthwith through fax and through e-mail also.

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Sd/- (NIRZAR S. DESAI,J)

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VISHAL MISHRA

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Irfan Mustufa Mansuri v. State of Gujarat

Case brief

What is this about?

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Irfan Mustufa Mansuri v. State of Gujarat

Case brief

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