Shahpur stone pelting bail order june 26

1. R/CR.MA/8084/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8084 of 2020
With
R/CRIMINAL MISC.APPLICATION NO. 8087 of 2020
With
R/CRIMINAL MISC.APPLICATION NO. 8083 of 2020
==========================================================
NAZARHUSAIN GULAMHUSAIN KAGDI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MUHAMMADYUSUF M KHARADI(9509) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 25/06/2020
ORAL ORDER
1. RULE. Mr. Pranav Trivedi, learned Additional Public
Prosecutor, waives service of notice of rule on behalf of the
respondent State.
2. These applications have been filed under section 439 of the
Code of Criminal Procedure seeking regular bail in connection
with the FIR being I-C.R. No.11191043200464 of 2020 registered
with Shahpur Police Station, Ahmedabad City for offences
punishable under sections 307, 337, 332, 333, 186, 143, 145,
147, 149, 151, 152, 188, 120(B) and 427 of IPC, section 51(b) of
the Disaster Management Act and section 3 of the Epidemic
Diseases Act.
3. Mr. M.M. Kharadi, learned advocate for the applicants,
submitted that in the impugned first information report, no
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2. R/CR.MA/8084/2020 ORDER
specific role has been attributed to any of the applicants. It was
submitted that a mob of around 2000 people had gathered at the
spot and that none of the police personnel had sustained any
injury in the alleged incident. It was contended that no police
personnel underwent any treatment in any dispensary / hospital
for any injury sustained in the alleged incident.
4. Mr. Pranav Trivedi, learned Additional Public Prosecutor,
submitted that the applicant of Criminal Misc. Application
No.8087 of 2020 was apprehended from the spot itself and on
the basis of the statement of the said applicant, the other two
applicants were arrested. Therefore, the involvement of the
applicants is established beyond doubt. It was, therefore, prayed
that no discretion may be exercised in favour of the applicant.
5. Countering the submission advanced by Mr. Pranav
Trivedi, learned Additional Public Prosecutor, it was submitted
by Mr. Kharadi, learned advocate appearing for the applicants,
that the applicant of Criminal Misc. Application No.8087 of 2020
is an employee of Ahmedabad Municipal Corporation and was a
member of the team constituted by the Corporation to fight the
Covid-19 pandemic. Therefore, the presence of the said applicant
at the spot would be natural and no overt act could be attributed
on the said applicant. It was, therefore, prayed that the present
applications may be allowed and the applicants may be released
on regular bail.
6. Heard learned advocates on both the sides and perused the
material on record. A bare perusal of the first information report
reveals that no specific role has been attributed on any of the
applicants. Further, there is nothing on record to show that any
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3. R/CR.MA/8084/2020 ORDER
of the police personnel had sustained any kind of injury
requiring indoor hospitalization. Considering the facts and
circumstances of the case, this Court finds this to be a fit case
where discretion could be exercised in favour of the applicants.
7. Hence, the applications are allowed. The applicants are
ordered to be released on regular bail in connection with the FIR
being No.11191043200464 of 2020 registered with Shahpur
Police Station, Ahmedabad City on executing personal bonds of
Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of
the like amount by each of the applicants to the satisfaction of
the trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse their liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave India without prior permission of the concerned
trial court;
[e] mark presence before the concerned Police Station between
1st
to 10th
day of every English calendar month for a period of six
months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of 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 the concerned trial court;
8. The authorities shall adhere to its own Circular relating to
COVID-19 and thereafter, will release the applicants only if they
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4. R/CR.MA/8084/2020 ORDER
are 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. Bail bond to be executed
before the lower Court having jurisdiction to try the case.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted. Registry to communicate this order to the
concerned Court/authority by Fax or Email forthwith.
(GITA GOPI, J)
MARY VADAKKAN
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