Mahmad Moinmiya @ Sarfaraj Bapu S/O Mahmmadmiya Vahesh/Saiyed vs. State Of Gujarat

Facts

The applicant, Mahmad Moinmiya @ Sarfaraj Bapu, filed an application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. The FIR was registered on January 4, 2021, for alleged offences under Sections 406, 420, 465, 468, 471, and 114 of the Indian Penal Code, with the alleged period of commission of offence between June 18, 2018, and January 4, 2021. The applicant has been in jail since March 27, 2021. The investigation has concluded, and a charge-sheet has been filed. The dispute pertains to the alleged use of the complainant's documents for registering or creating a GST account. The State opposed the bail application.

Held

The Court held that the applicant is entitled to be enlarged on regular bail. The Court considered that the FIR was registered on January 4, 2021, for offences alleged to have occurred between June 18, 2018, and January 4, 2021. The applicant had been in jail since March 27, 2021, and the investigation had concluded with the filing of a charge-sheet. Notably, the Court observed that even after the charge-sheet filing, there was no indication of monetary benefits received by the applicant from the alleged offence, which pertained to the use of the complainant's documents for creating a GST account. The Court also noted that the State could not present any special circumstances against the applicant. Relying on the principles laid down in Sanjay Chandra v. Central Bureau of Investigation, the Court found it a fit case to exercise discretion and grant bail. The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 10,000/- with one surety of like amount, subject to several conditions, including not misusing liberty, not obstructing investigation, surrendering passport, not leaving Gujarat without permission, marking presence monthly, and not changing residence without permission. The trial court was cautioned not to be influenced by the preliminary observations made by the High Court.

Key Issues

1. Whether the applicant is entitled to be enlarged on regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering the nature and gravity of the alleged offences under Sections 406, 420, 465, 468, 471, and 114 of the Indian Penal Code, and the fact that the investigation is concluded and charge-sheet is filed. Petitioner's Contention: The applicant's counsel argued that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. The applicant's counsel did not press for a further reasoned order. Revenue/State's Contention: The learned APP appearing for the respondent-State opposed the grant of regular bail, looking to the nature and gravity of the offence. The learned APP, under instructions of the Investigating Officer, was unable to bring on record any special circumstances against the applicant and did not press for a further reasoned order.