Munafbhai Majidbhai Habibani @ Munaf Abdual Majidbhai Habibani @ Munno Dadhi vs. State Of Gujarat
Held
The Court allowed the application for regular bail. The reasoning was based on the fact that the investigation was complete and a charge-sheet had been filed. The Court found it to be a fit case to exercise its discretion to enlarge the applicant on bail. The applicant was ordered to be released on bail upon executing a bond of Rs. 50,000/- with two local sureties of Rs. 25,000/- each, subject to several conditions. These conditions include not misusing liberty, not acting prejudicially to the prosecution, surrendering his passport, not leaving Gujarat without permission, marking presence at the police station periodically, and not changing his residence without prior permission. The Court also noted that the authorities should release the applicant only if he is not required in connection with any other offense. Any breach of conditions would empower the Sessions Judge to issue a warrant. The trial court was cautioned against being influenced by the preliminary observations made by the High Court.
Facts
This matter concerns a criminal miscellaneous application filed under Section 439 of the Code of Criminal Procedure by Munafbhai Majidbhai Habibani for regular bail. The applicant seeks release in connection with a complaint filed under Sections 132(1)(B)(C)(F)(I)(K)(L) of the CGST and GST Act and Gujarat Goods and Services Act, 2017, read with Sections 463 and 120-B of the Indian Penal Code. The complaint number is N.R.V.com / Investigation / Bhavnagar / Munaf / Habibani / Arrest / 2019 / 20. The applicant's counsel argued for bail based on the nature of the offense, while the Additional Public Prosecutor opposed it due to the gravity of the offenses. The investigation is reported to be over, and a charge-sheet has been filed.
Key Issues
1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, considering the nature and gravity of the alleged offenses under the CGST and GST Act and the Indian Penal Code? Petitioner's Contention: The petitioner argued that considering the nature of the offense, the applicant should be enlarged on regular bail by imposing suitable conditions. Respondent's Contention: The State of Gujarat, through the learned APP, opposed the grant of bail, citing the nature and gravity of the alleged offenses.
Sections Cited
Section 439, Section 132(1)(B), Section 132(1)(C), Section 132(1)(F), Section 132(1)(I), Section 132(1)(K), Section 132(1)(L), Section 463, Section 120-B
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Cause title — parties, addresses and appearances
ORAL ORDER
This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with Complaint being File No.N.R.V.com / Investigation / Bhavnagar / Munaf / Habibani / Arrest / 2019 / 20 under Sections 132(1)(B)(C)(F)(I)(K)(L) of the CGST and GST Act and Gujarat Goods and Services Act, 2017 read with Section 463 and 120-B of the Indian Penal Code.
Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
The learned APP opp
The judgment continues below.
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