In a significant development, the Gujarat High Court has granted bail to the applicant in a case related to Suresh @ Anna and Mohmad Sabir Nurmahmad Momin. After over seven years in jail, the court’s decision brings a ray of hope for the applicant. Let’s delve into the details of this legal saga where justice has taken a step forward.
Facts
- The applicant has been in jail since 18.01.2027.
- The reasons for their incarceration have been examined.
- The applicant’s involvement in the crime has been investigated.
- The court has reviewed the evidence against the applicant.
- The court has assessed the seriousness of the charges against the applicant.
Arguments
- The applicant has been in jail since 18.01.2017 for over 7 years.
- Co-accused Suresh @ Anna and Mohmad Sabir Nurmahmad Momin have been granted regular bail by the courts.
- Applicant’s role in the offence was highlighted, with the claim that the applicant fired the gun shot while the co-accused only rode the bike.
- Comparing the applicant’s role to Mohmad Sabir Nurmahmad Momin, who was granted bail, it was argued that the roles were similar.
- Despite the lengthy period in jail, the trial has not concluded yet.
- The applicant has been in jail since 18.01.2017 and the investigation is complete with the charge-sheet filed.
- Co-accused Suresh @ Anna has been granted regular bail by the Supreme Court recently.
- Other co-accused have also been granted bail by the court.
- Despite four antecedents against the applicant, suitable conditions can be imposed to address this.
- The applicant has been in jail for around 7 years, yet the trial has not concluded.
- Prima facie, the court deems it a fit case to grant bail considering the circumstances.
- The applicant is ordered to be released on regular bail upon execution of a personal bond of Rs.15,000/- with two sureties of the same amount, subject to various conditions.
- The applicant must not misuse liberty, act against the prosecution’s interest, surrender passport if any, not leave Gujarat without permission, provide updated address, and mark presence at the police station fortnightly.
- Release of the applicant is subject to not being required in connection with any other offence currently.
Decision
- Direct service is permitted.
- Bail bond to be executed before the learned Lower Court having jurisdiction to try the case.
- The concerned Court has the authority to modify, delete, or relax any conditions as per the law.
- The Trial Court should not be influenced by any preliminary observations made by the Court while granting bail.
- The Sessions Judge can take appropriate action in case of a breach of any bail conditions.
Case Title: SURESHKUMAR S/O PANDIYAN PILLAI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6740/2024
