Gujarat High Court
Kishorbhai Batukbhai Dabhi vs State Of Gujarat on 9 August, 2018
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/13831/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13831 of 2018
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KISHORBHAI BATUKBHAI DABHI
Versus
STATE OF GUJARAT
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Appearance:
MR SANDIP M PATEL(5649) for the PETITIONER(s) No. 1
MS. M.D. MEHTA, APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 09/08/2018
ORAL ORDER
1. This is an application for anticipatory under section 438 of the Code of Criminal Procedure, 1973, in connection with First Information Report being I-III-46 of 2018 registered with Chalala Police Station, Amreli, for the offences punishable under Section 66(1)B, 65-AB, 116B, 81, 98(2) of the Prohibition Act.
2. According to the applicant, the police officer followed the tempo and it was turned turtle and the driver of the vehicle Sajidbhai Block and one person Sohail Qureshi who has accompanied to him, out of 23 bottles which were found, 11 bottles were found in broken conditions and the FIR indicates that only three bottles were found. However, the panchnama indicates that 12 bottles remained. The total number of Page 1 of 5 R/CR.MA/13831/2018 ORDER prohibited liquor was worth of Rs.6,900/-. The co-accused is before this Court was protected earlier occasion for him to appear the concerned investigating officer. It is the say that he has appeared before this police officer, however the police has not recorded the statement since there was no such protection. Moreover, the applicant has no criminal antecedent. The vehicle does not belong to him however the driver and the person accompany to him, they working with the present applicant.
3. Learned APP confirmed that the applicant has not any criminal antecedent. She further confirmed that vehicle did not belong to him and having found from actual custody of the present applicant.
4. Having heard both the sides, this Court notices complete absence of antecedent, couple with the facts that vehicle in which the prohibited liquor had been carried does not belong to the present applicant. He is also prima facie not found to be accompanied with the co- accused while carrying the liquor, this Court is inclined to grant anticipatory bail to the applicant.
5. In the result, the present application is Page 2 of 5 R/CR.MA/13831/2018 ORDER allowed by directing that in the event of the applicant shall be released on bail on furnishing a solvent surety of Rs.25,000/(Rupees Twenty Five Thousand only) with one surety of the like to the satisfaction of the trial Court on the following conditions that he shall:
(a) cooperate with the investigation and make himself available for interrogation whenever required;
(b) remain present at the concerned Police Station on August 13, 2018 at 11:00 a.m.;
(c) not hamper the investigation in any mode or manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
(d) at the time of execution of bond, furnish the residential address to (i) the Investigating Officer and (ii) the concerned trial Court; and shall not change the residence till the final disposal of the case or till further orders;
(e) not leave India without prior permission of this Court and, if is holding a Passport, shall surrender the same before the trial Page 3 of 5 R/CR.MA/13831/2018 ORDER Court immediately;
(f) despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant No.1, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order;
6. If breach of any of the above conditions is committed, the trial Court concerned will be at liberty to issue warrant or take appropriate action in the matter and even the Investigating Officer will be at liberty to approach this Court Page 4 of 5 R/CR.MA/13831/2018 ORDER in case of breach of any such condition.
7. At the trial, the trial court shall not be influenced by the observations of preliminary nature qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
8. Bail bond be executed before the trial Court having jurisdiction to try the case.
Direct service is permitted.
(MS. SONIA GOKANI, J) JIGNESH Page 5 of 5