In a significant ruling by the Gujarat High Court, bail has been granted in the case related to F.I.R. No. 11191011240004 of 2024. This judgment holds implications for the defendant and the legal proceedings moving forward. Stay informed about the details and conditions set by the Court in this crucial decision.
Facts
- Learned APP waives service of notice of Rule on behalf of respondent-State.
- Regular bail application filed under Section 439 of the Code of Criminal Procedure.
- Bail sought in connection with F.I.R. No. 11191011240004 of 2024 registered with D.C.B. Police Station, District Ahmedabad.
Arguments
- The respondent State argued that the applicant supplied 85 bottles of cough syrup containing Codeine phosphate to the other co-accused, from whose possession it was seized.
- The respondent State highlighted the active participation of the applicant in the commission of the alleged offense.
- The respondent State emphasized that the offenses charged against the applicant are serious in nature.
- The respondent State argued that given the facts and allegations against the applicant, no discretion is required to be exercised in granting bail.
Analysis
- The court considered three main factors as per Supreme Court decisions: prima facie case, availability of the applicant at the time of trial, and tampering/harming witnesses.
- The applicant’s advocate argued that the accused is not likely to flee and has been in custody since 06.03.2024.
- Referred to the law laid down by the Supreme Court in the case of Sanjay Chandra v. C.B.I. (2012) 1 SCC 40.
- Without delving into details, the court found it a fit case to grant bail based on the nature of allegations in the FIR.
- The applicant is ordered to be released on bail upon executing a bond of Rs.10,000/- with one surety of the like amount, subject to various conditions like not tampering with evidence, maintaining law and order, providing proof of address, informing about contact numbers, disclosing immovable properties, not leaving India without permission, and surrendering passport if any.
Decision
- Accused who does not possess a passport must file an Affidavit to that effect.
- Bail bond to be executed before the lower court having jurisdiction to try the case.
- Rule made absolute to the extent mentioned.
- Observations made by the Court in the present order shall not be considered.
- Direct service is permitted.
- The concerned Court has the authority to modify or relax any of the conditions mentioned in accordance with the law.
- At the trial, the concerned trial Court should not be influenced by the observations.
- The authorities shall release the applicant only if he is not required in connection with any other offence at the time.
- If there is a breach of any of the conditions, the Sessions Judge can issue a warrant or take appropriate action.
- The accused should not enter the territory of Danilimda police station until the conclusion of the trial, except to attend the trial proceedings.
Case Title: SALIM @ HADDI ABDUL MAKSOOD SHAIKH Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8734/2024
