Gujarat High Court
Rajeshbhai vs State on 8 November, 2011
Author: Anant S. Dave
Bench: Anant S.Dave
Gujarat High Court Case Information System
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CR.MA/10619/2007 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10619 of 2007
=========================================================
RAJESHBHAI
JIVRAMBHAI DESAI AND ORS.
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
P M THAKKAR Sr Counsel for Y M Thakkar for the Applicants
MR A Y
KOGJE APP for Respondent:1
MR
Umesh Trivedi for the
complainant.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S.DAVE
Date
: 13/09/2007
ORAL ORDER
Rule. Shri A Y Kogje, learned APP waives service of notice of Rule on behalf of respondent State. At the request of learned counsel for the parties, this application is taken up for hearing today.
This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at CR.No.I-58 of 2007 with Navrangpura Police Station for the offences punishable under Sections 365, 385, 342, 506(2), 323, 507 and 120(B) of Indian Penal Code.
Heard Shri P.M.Thakkar, learned senior counsel appearing for the applicant. According to the learned counsel, alleged incidents as per the First Information Report has taken place on 11.3.2006 between 14.45 and 18.42 am and the information of the alleged offences given on 25.1.2007 by the complainant, itself does not inspire any confidence. Even other averments narrated in the First Information Report for which the complainant has remained silent and not taken any action for more than 10 months itself is an indicative that the applicants deserve discretionary relief under Section 438 of the Code of Criminal Procedure.
Learned counsel further submits that the present FIR is an off-shoot of the transaction commercial in nature for which the cases were registered on earlier occasions. The applicant is having permanent residence, doing his trading activities and will be available any time for Investigating Agency and will co-operate with the Investigating Agency. Furthermore, the applicant is having deep root in the society and will not flee course of justice. Therefore the case of the applicant be considered. Learned counsel further submits that another co-accused is already granted anticipatory bail by this Court vide order dated 05.09.2007 passed in Criminal Misc. Application No.10006 of 2007.
Shri Umesh Trivedi, learned counsel appearing for the complainant submits that there may be some delay in lodgment of the FIR since correspondence between the parties was pending and grant of anticipatory bail to other co-accused where role attributed to them and the present applicants is different and, therefore, applicants may not be granted bail.
I have also heard learned APP Shri A Y Kogje, for the State.
Considering the facts and circumstances of the case, perusal of police papers and prima-facie, it appears from the record that nothing prevented the complainant from taking immediate action in accordance with law in view of allegations levelled in FIR etc. In view of the same, a case is made out to enlarge the applicants on bail having permanent residence etc. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being C.R.No.58 of 2007 of Navrangpura Police Station, they shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount on following conditions:-
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at the concerned police station on 18th September, 2007 between 9.00 a.m. to 2.00 p.m.;
(c) shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;
(d) at the time of execution of bond, furnish the address to the Investigating Officer and the court concerned and shall not change the residence till the final disposal of the case or till further orders;
(e) will not leave India without the permission of the Court and, if holding passports, shall surrender the same before the Trial Court within a week,
(f) it would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
(g) this order will be operative if the applicant is arrested at any time within a period of 90 days;
(h) within a period of ten days from the date of arrest, the applicants shall apply for regular bail which application shall be decided by the competent Court in accordance with law without being influenced by the fact that anticipatory bail was granted.
With these directions, this Criminal Misc. Application is disposed of. Rule is made absolute. Direct Service is permitted.
(ANANT S. DAVE, J.) Amit/-
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