Gujarat High Court
Vajubhai Dalabhai Lodhavi (Dalit) & vs State Of Gujarat on 7 January, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/313/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL )
NO.313 of 2016
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VAJUBHAI DALABHAI LODHAVI (DALIT) & 1....Applicants
Versus
STATE OF GUJARAT....Respondent
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Appearance :
MR Y J PATEL, ADVOCATE for the Applicants.
MS NISHA THAKORE, APP for the Respondent.
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 07/01/2016
ORAL ORDER
1. Rule. Ms. Nisha Thakore, learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. I - 41 of 1996 with Sutrapada Police Station, Dist. Gir- Somnath for the offences punishable under Sections 323, 324, 504, 337, 143, 147, 148, 149 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
3. Learned advocate for the applicants submits that the offence is of the year 1996 and the applicants were released on bail in pursuance to the said offence. However, during the pendency of the trial, the Investigating Officer has made an application on 1.9.2015 that offence punishable under Section 326 is also committed by the applicants and hence, Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Jan 08 02:05:40 IST 2016 R/CR.MA/313/2016 ORDER the applicants are apprehending their arrest in connection with the same. In view of the above, he has submitted that the applicants may be granted anticipatory bail.
Learned advocate for the applicants, on instructions, states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.
4. Having heard the learned advocate for the parties and perusing the investigating papers and as well as considering the fact that the complaint is of the year 1996 and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
5. In the result, the present application is allowed by directing that in the event of applicants herein being arrested pursuant to FIR registered at C.R. No.I - 41 of 1996 with Sutrapada Police Station, Dist. Gir-Somnath, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of like Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Jan 08 02:05:40 IST 2016 R/CR.MA/313/2016 ORDER amount on the following conditions:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 12.1.2016 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(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 his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; and
(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;
6. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Jan 08 02:05:40 IST 2016 R/CR.MA/313/2016 ORDER 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.
8. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.
(A.J.DESAI, J.) Savariya Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Jan 08 02:05:40 IST 2016