Parimal Arvindbhai Shah vs State Of Gujarat on 19 September, 2017

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Gujarat High Court

Parimal Arvindbhai Shah vs State Of Gujarat on 19 September, 2017

Bench: G.R.Udhwani

                 R/CR.MA/21795/2017                                                   ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 21795 of
                                                   2017
         ============================================================
         ====
                      PARIMAL ARVINDBHAI SHAH....Applicant(s)
                                     Versus
                        STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         MR IM PANDYA, ADVOCATE for the Applicant(s) No. 1
         MR LR POOJARI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
         No. 1
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

                                          Date : 19/09/2017


                                            ORAL ORDER

1. Heard learned Advocate for the applicant and learned APP for the respondentState.

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code for which FIR came to be registered at C.R. No. I 67 of 2017 with Karanj Police Station.

3. Learned advocate appearing on behalf of the applicant would Page 1 of 4 HC-NIC Page 1 of 4 Created On Sun Sep 24 16:55:52 IST 2017 R/CR.MA/21795/2017 ORDER submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

4. On the other hand, the learned APP appearing for the respondentState has opposed this application to the nature and gravity of the offence.

5. Considering the nature of accusation against the petitioner and in absence of any apprehension of the petitioner tampering with the evidence or threatening the witnesses, fleeing from justice at this stage, without discussing the evidence in detail, the petitioner is admitted to bail on anticipation of his arrest.

6. Learned Advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions, including impositions of conditions with regard to the 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 applicant accused to oppose such application on merits may be kept open.

7. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R. No.I 67 of 2017 with Karanj Police Station, the applicant shall Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Sep 24 16:55:52 IST 2017 R/CR.MA/21795/2017 ORDER be released on bail on his furnishing a personal bond of Rs.10,000/ (Rupees ten thousands only) with one surety each of the like amount 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 25.09.2017 between 11.00 a.m. and 2.00 p.m.;

(c) 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/them from disclosing such facts to the court or to any police officer;

(d) 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) 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) 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 the same on merits;




                                                 Page 3 of 4

HC-NIC                                        Page 3 of 4      Created On Sun Sep 24 16:55:52 IST 2017
                    R/CR.MA/21795/2017                                                 ORDER

8. 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 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. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made is made absolute. Direct service is permitted.

(G.R.UDHWANI, J.) niru* Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Sep 24 16:55:52 IST 2017

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