Allowed

Mosinbhai @ Kalu Mahebubbhai Saramali v. State of Gujarat

Gujarat HC10 Aug 2021CR.MA/6405/2021

Case brief

AI extract

What is this about?

Single judge of the Gujarat High Court granted regular bail to the applicant in a murder and culpable homicide attempt case. The court relied on the lack of direct evidence connecting the applicant to the crime scene and absence of antecedents, imposing standard bail conditions.

What did the court decide?

Release on bail on executing a bond of Rs. 10,000 with one surety, subject to conditions of residence, appearance, and not leaving India.

Mosinbhai @ Kalu Mahebubbhai Saramali Vs State… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/6405/2021 ORDER DATED: 10/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6405 of 2021

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MOSINBHAI @ KALU MAHEBUBBHAI SARAMALI

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Versus STATE OF GUJARAT

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Appearance:

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A S TIMBALIA(7372) for the Applicant(s) No. 1 MS DEVANGI SOLANKI for MR NV GANDHI(1693) for the complainant MS MOXA THAKKAR, APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 10/08/2021

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ORAL ORDER

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Heard learned advocate, for the applicant, learned advocate for the complainant and learned APP, for the respondent-State through V.C.

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This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. 11198042201176 of 2020 with Palitana Town Police Station for the offences punishable under Sections 302 and 114 of the IPC and u/s 135 of the G.P. Act.

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2.1 The prosecution case is that on 29.11.2020 at around 8:35 in the evening, the first informant saw that his son Aiyub came with Kurshidbhai on Activa in injured condition and they have taken him to the hospital. That when the treatment of said Aiyub was going on, Imran and Rafik has stated to the first informant that when they were coming back, at that time, one Amin and other two unknown persons forced to fell down his son and Amin has given the single blow to the son of the

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Page 1 of 4

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R/CR.MA/6405/2021 ORDER DATED: 10/08/2021

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first informant. When the first informant talked with his son, he had stated that accused Amin has given the blow in thigh to him for the dispute that Amin had demanded mobile phone before two months from him and he has refused the same and keeping grudge over the same, Amin attacked him. After the treatment, son of the first informant succumbed to the injuries. Therefore, present FIR.

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Heard and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed. No past antecedent is registered qua the applicant.

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(ii) It appears that the applicant is implicated in the offence in question on the basis of the call details and phone call made by the present applicant to other coaccused, more particularly, between the applicant and co-accused No.1.

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(iii) Except this, no any other evidence/material is pointed out by learned APP connecting the present applicant with the actual occurrence of the incident and therefore, it is not legal and proper to deny bail to the present applicant on such weak piece of evidence.

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(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

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(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the

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Page 2 of 4

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R/CR.MA/6405/2021 ORDER DATED: 10/08/2021

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applicant, pending investigation and trial.

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Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. 11198042201176 of 2020 with Palitana Town Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the 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] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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The competent authority 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 take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify

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Page 3 of 4

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R/CR.MA/6405/2021 ORDER DATED: 10/08/2021

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and/or relax any of the above conditions in accordance with law. At the trial, the 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.

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

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(S.H.VORA, J)

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SHEKHAR P. BARVE

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Mosinbhai @ Kalu Mahebubbhai Saramali v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mosinbhai @ Kalu Mahebubbhai Saramali v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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