MUZZAFARHUSEN MOHAMMEDHANIF SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS successive bail application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I114/2012 with Gaekwad Haveli Police Station for the offences punishable under Sections 397, 307, 452, 354, 34, 294[B], 323, 188, etc. of the Indian Penal Code.

(2.) LEARNED counsel for the applicant submits that the investigation is over and the chargesheet is filed. It is further submitted that the applicant is in jail since December, 2012. It is further submitted that considering the nature of allegations, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail.

(3.) IN the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant coupled with the facts that charge sheet is filed, applicant is in jail from December, 2012, and that in many other FIRs, the trial has taken place and the applicant is acquitted, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I114/2012 with Gaekwad Haveli 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 he shall;