Allowed

Mohsinahmed @ Mitha @ Kaliyo S/O Zahirahmed Wahidahmed Shaikh v. State of Gujarat

Gujarat HC2 Aug 2021CR.MA/9041/2021

Case brief

AI extract

What is this about?

This is an oral order granting regular bail to the applicant in a criminal application. The High Court allowed the bail application under Section 439 CrPC for offences under IPC and POCSO Act. The applicant was to be released on a bond with a surety subject to specific conditions of appearance and non-escape.

What did the court decide?

Regular bail granted on bond of Rs. 10,000 with one surety of like amount, subject to conditions of appearance, residence, and non-escape.

Mohsinahmed @ Mitha @ Kaliyo S/O Zahirahmed… — Child Sexual Offences (POCSO) | Gujarat HC (2021)

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R/CR.MA/9041/2021 ORDER DATED: 02/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 9041 of 2021

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MOHSINAHMED @ MITHA @ KALIYO S/O ZAHIRAHMED WAHIDAHMED SHAIKH

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Versus STATE OF GUJARAT

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Appearance:

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O I PATHAN(7684) for the Applicant(s) No. 1 MS MOXA THAKKAR APP(2) for the Respondent(s) No. 1 RAZIN S ZEENA(9377) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 02/08/2021

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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.11191018210128 of 2021 with Gomtipur Police Station for the offences punishable under Sections 354, 506(1) and 114 of IPC and under Sections 7, 8, 17 and 18 of POCSO Act.

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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. (ii) The victim has not disclosed the name of the applicant as to the role played by the applicant in

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Page 1 of 3

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R/CR.MA/9041/2021 ORDER DATED: 02/08/2021

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commission of present offence.

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(iii) Learned APP submits that there are ten past offences registered against the applicant. Since the Court is required to decide the present application on its own merits, the submission made by learned APP at bar that there are ten past offences registered against the applicant becomes insignificant / irrelevant.

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(iv) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law.

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(v) 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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(vi) 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.11191018210128 of 2021 with Gomtipur 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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Page 2 of 3

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R/CR.MA/9041/2021 ORDER DATED: 02/08/2021

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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 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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Mohsinahmed @ Mitha @ Kaliyo S/O Zahirahmed Wahidahmed Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mohsinahmed @ Mitha @ Kaliyo S/O Zahirahmed Wahidahmed Shaikh v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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