Gujarat High Court
Harshadbhai Balvantray Gandhi vs State Of Gujarat on 30 July, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1587
Author: Ashutosh J. Shastri
Bench: Ashutosh J. Shastri
R/CR.MA/9179/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9179 of 2020
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HARSHADBHAI BALVANTRAY GANDHI
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 30/07/2020
ORAL ORDER
Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.
1.0 Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing I-C.R.No.11204041200130 of 2020 registered with Mahemdabad Police Station, Kheda for the alleged offences punishable under Sections 465, 467, 468, 471, 406, 420 of the IPC.
2.0 Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.Ronak Raval.
3.0 Mr.O.I.Pathan, learned advocate for the Page 1 of 5 Downloaded on : Fri Jul 31 00:18:13 IST 2020 R/CR.MA/9179/2020 ORDER
applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the prosecution. It has further been submitted that the applicant is aged about 77 years and is not keeping good health and right from 2015, the applicant is taking the medical treatment. Further, the applicant is not having any criminal antecedent of any nature and in fact, the allegations which are levelled, for which the applicant is not at all responsible. However, the learned advocate has reiterated that looking to the age of the applicant, his case may be considered.
4.0 As against this, Mr.Ronak Raval, learned APP, has submitted that the court below has considered every aspect of the matter and has thought it fit not to exercise the discretion in view of settled legal proposition propounded by series of decisions. Further, the court below has prima facie found that there is some nexus of the applicant with the commission of crime. However, with respect to age and the health of the applicant, no comment is offered by the learned APP has left it to the discretion of the Court.
5.0 Having regard to the facts and circumstances of the case and having gone through overall material on record, prima facie, it appears from the document attached to the application that Page 2 of 5 Downloaded on : Fri Jul 31 00:18:13 IST 2020 R/CR.MA/9179/2020 ORDER the applicant is aged about 77 years and is suffering from blood pressure, high sugar and paralysis and had to remain bedridden for quite some time and as such, looking to this peculiar circumstances about the age and the health of the applicant, the Court is inclined to consider the request of the applicant.
6.0 This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. reported in [2011] 1 SCC 694, wherein, the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in [1980] 2 SCC 565.
7.0 Learned Counsel for the parties do not press for further reasoned order.
8.0 In the result, this application is allowed. It is directed that, in the event, the applicant herein is arrested pursuant to F.I.R. bearing I- C.R.No.11204041200130 of 2020 registered with Mahemdabad Police Station, Kheda, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on following conditions :-
[a] shall cooperate with the investigation and make Page 3 of 5 Downloaded on : Fri Jul 31 00:18:13 IST 2020 R/CR.MA/9179/2020 ORDER himself available for interrogation whenever required;
[b] shall remain present at concerned Police Station on 4th August, 2020 between 11.00 am to 2.00 pm;
[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 from disclosing such facts to the Court or to any Police Officer;
[d] shall 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 is holding a Passport, shall surrender the same before the trial Court immediately.
[f] It would be open to the Investigating Officer to file an application for remand, if h considers it just and proper and the concerned Magistrate would decide it on merits.
[g] despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant.Page 4 of 5 Downloaded on : Fri Jul 31 00:18:13 IST 2020
R/CR.MA/9179/2020 ORDER 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 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 applicant, 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.
9.0 Rule is made absolute to the aforesaid extent.
10.0 The Registry is directed to communicate this order by fax or e-mail to the trial court.
(ASHUTOSH J. SHASTRI, J) SINDHU NAIR Page 5 of 5 Downloaded on : Fri Jul 31 00:18:13 IST 2020