Gujarat High Court
Jagmalbhai Jadavbhai Vadher & vs State Of Gujarat on 28 December, 2016
Author: C.L.Soni
Bench: C.L. Soni
R/CR.MA/34067/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 34067
of 2016
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JAGMALBHAI JADAVBHAI VADHER & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 2
MR. AAMIR S PATHAN, ADVOCATE for the Respondent(s) No. 1
MR HS SONI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 28/12/2016
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicants have prayed to release them on bail in connection with the F.I.R. being C.R. No.I-85 of 2015 lodged at Sutrapada Police Station, District- Junagarh for the offences punishable under Sections 406, 420, 463, 467, 468, 471 of Indian Penal Code.
2. Learned advocate Mr. Dagli for the applicants submitted that the applicants are not alleged to have forged any documents as alleged in the FIR. He submitted that the applicants are referred as the persons who signed as witnesses to the documents. He submitted that the dispute concerning the land is now settled between the informant and the main accused- accused No.1 and considering the Page 1 of 5 HC-NIC Page 1 of 5 Created On Thu Dec 29 00:25:11 IST 2016 R/CR.MA/34067/2016 ORDER settlement arrived at between informant and accused No.1, the Coordinate Bench of this Court has granted regular bail to accused No.1. He, therefore, urged to exercise discretion in favour of the applicants under Section 438 of the Code.
3. Learned Additional Public Prosecutor Mr. Soni submitted that it, prima facie, appears from the allegations made in the FIR are that the applicants were parties to the alleged false documents. He submitted that in connection with the allegations made in the FIR, since the investigation is in progress, the Court may not exercise the discretion in favour of the applicants under section 438 of the Code.
4. Learned advocate Mr. Pathan for the informant could not dispute that the settlement between the informant and accused No.1 has been arrived at and that the applicants are stated to be the witnesses to the alleged false documents. He also could not dispute that based on the settlement arrived at between informant and accused No.1, the Coordinate Bench of this Court has granted bail to the main accused. In fact, he has stated before the Court that the informant has no objection if the applicants are granted anticipatory bail.
4. The Court, having heard the learned advocates for both the sides and having considered the nature of the allegations made in the F.I.R. and having also considered that the applicants are stated to be the witnesses to the alleged false documents and having further considered that based on the settlement arrived at between the informant and accused No.1,the coordinate Bench of this Court has granted regular bail to main accused Lakhabhai Arjanbhai Chhatrodiya vide Page 2 of 5 HC-NIC Page 2 of 5 Created On Thu Dec 29 00:25:11 IST 2016 R/CR.MA/34067/2016 ORDER order dated 19.10.2016 passed in Criminal Misc. Application No.27128 of 2016, finds that discretion deserves to be exercised under Section 438 of the Code in favour of the applicants.
5. In the result, the present application is allowed. It is ordered that in case the applicants herein are arrested in connection with the F.I.R. being C.R. No.I-85 of 2015 lodged at Sutrapada Police Station, District- Junagarh, they shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousands only) each with one surety of like amount, on the following conditions that they:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 05/01/2017 between 11:00 a.m. and 2:00 p.m.;
(c) shall not misuse their liberty;
(d) shall not obstruct or hamper the police
investigation and not to play mischief with the evidence collected or yet to be collected by the Police;
(e) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change their residence Page 3 of 5 HC-NIC Page 3 of 5 Created On Thu Dec 29 00:25:11 IST 2016 R/CR.MA/34067/2016 ORDER till the final disposal of the case or till further orders;
(f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.
6. This order shall not be construed to divest the Investigating Agency to ask for remand of the applicants if required. In such case, the applicants 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 to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, 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.
7. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute. The present application is disposed of accordingly.
Direct service is permitted.
(C.L.SONI, J.)
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R/CR.MA/34067/2016 ORDER
Gupta*
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