Shermohammed @ Bholi Dawoodbhai Sangwani Vs State Of Gujarat

A.Y. Kogje, J

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR

registered as C.R. No.IÂ11210045201377 of 2020 with PANDESARA POLICE STATION, DISTRICTÂSURAT, for the offence punishable under

Sections 143, 144, 147, 148, 149, 302, 307, 323, 324, 325, 435 of the Indian Penal Code and under SectionÂ​135 of Gujarat Police Act.

2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail

by imposing suitable conditions.

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondentÂState has opposed grant of regular bail looking to the

nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :Â​

I) The F.I.R. is registered on 31Â​05Â​2020 for the offence which is alleged to have taken place on 30Â​05Â​2020;

II) The applicant is in custody since 04Â​06Â​2020;

III) Investigation is concluded and chargeÂ​sheet is filed;

IV) Learned Advocate for the applicant submitted that even from the chargeÂsheet papers, the applicant was the part of the mob, which had carried

out the assault on the injured complainant and the deceased.

V) Learned Advocate for the applicant submitted that even it is the case of the prosecution that the deceased and the complainant were the part of

the group belonging to one Chanchal, who and his group had approached the society, where the coÂaccusedâ€" Dharmesh@Dhamo is residing. With

full preparation to carry out the assault when it was after seeing the mob, Chanchal and other made escape, where the deceased and the complainant

due to slip from their vehicle fall in the hand of the mob, who assaulted them.

VI) Learned Advocate for the applicant under the instruction submitted that there are no other antecedents against the applicant;

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicant.

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.

6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report,

without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the

applicant on regular bail.

7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.IÂ 11210045201377 of

2020 with PANDESARA POLICE STATION, DISTRICTÂSURAT, on executing a personal 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 he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief

with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) not to enter Surat city for the period of six months except for marking presence and attending the trial;

(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(g) furnish the present address of his 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 Trial Court;

8. 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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

9. 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.

10. 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.

11.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.