IRFAN @ BABA ABDULHAMID KADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-156/2016 registered with Vadodara City Police Station, Vadodara, for the offences punishable under Sections 323, 294(b) 307, 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the present applicant was released on bail by this Court vide order dated 02.08.2016 passed in Criminal Misc. Application No.16593 of 2016, but thereafter he had to face the externment order from the concerned authority for the period form 02.04.2017 to 02.04.2018 and therefore, he had to remain outside the Vadodara City and he could not remain present before the concerned trial Court. It is submitted that it was unintentional lapse on the part of the applicant as he was constrained to remain outside the Vadodara City in pursuant to the order of externment. It is further submitted that the applicant is ready and willing to file an undertaking before the concerned trial Court at the time of executing bail bond to the effect that he will remain present before the concerned trial Court as and when required and will co-operate in the trial. It is further submitted that the applicant is having root in Vadodara District and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, the applicant may be enlarged on regular bail by imposing suitable conditions.