Allowed

Javid @ Azhar Abdulhamid Shaikh v. State of Gujarat

Gujarat HC3 Aug 2021CR.MA/7048/2021

Case brief

AI extract

What is this about?

Single judge allowed a bail application under Section 439 CrPC. The court applied conditions for release, including bond amount and restrictions on travel and residence, finding the applicant had sufficient ties to society.

What did the court decide?

Application allowed; applicant ordered released on bail on bond of Rs. 20,000 with one surety subject to specified conditions.

Javid @ Azhar Abdulhamid Shaikh Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2021)

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R/CR.MA/7048/2021 ORDER DATED: 03/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7048 of 2021

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JAVID @ AZHAR ABDULHAMID SHAIKH

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Versus STATE OF GUJARAT

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Appearance:

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MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 03/08/2021

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ORAL ORDER

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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.11210023201200 of 2020 with Khatodara Police Station for the offences punishable under Sections 379A(3) and 114 of the IPC.

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

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(ii) Though there are two identical offenes registered against the applicant; but no recovery is effected from the applicant.

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(iii) The offences alleged provides punishment of five years which may extend to ten years and

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Page 1 of 3

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R/CR.MA/7048/2021 ORDER DATED: 03/08/2021

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therefore present application deserves consideration.

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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 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.11210023201200 of 2020 with Khatodara Police Station, on executing a bond of Rs.20,000/-(Rupees Twenty 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

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Page 2 of 3

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R/CR.MA/7048/2021 ORDER DATED: 03/08/2021

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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 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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sompura

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Javid @ Azhar Abdulhamid Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Javid @ Azhar Abdulhamid Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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