Gujarat High Court
Sikander vs State on 14 December, 2011
Author: Md Shah
Bench: Md Shah
Gujarat High Court Case Information System
Print
CR.MA/16621/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16621 of 2011
=========================================
SIKANDER
ABDULBHAI JUNEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MTM HAKIM for
Applicant(s) : 1,
MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/12/2011
ORAL
ORDER
[1] This Application is filed by the applicant under Section 438 of the Code of Criminal Procedure apprehending that he may be arrested in connection with C.R.No.I-245 of 2010 registered with Rajkot Taluka Police Station for the offences punishable under Sections 406, 420, 468, 471, 120B, 34 and 114 of the Indian Penal Code.
[2] It is submitted by learned advocate for the applicant that it is alleged in the complaint that for dealing land, signature of the complainant was obtained by the present applicant and also obtained photographers of the complainant and thereafter without consent of the complainant, power of attorney was created by the present applicant. Thereafter, land in question was sold by applicant to other persons. It is also submitted that applicant is innocent person and he has been falsely implicated in the commission of offence. It is also submitted that witnesses of sale deed were released on bail by this Court. Therefore, it is requested to grant anticipatory bail to the applicant.
[3] Having heard learned advocates for the parties and considering the fact that signature on the document is not denied by the complainant and that no case is made out as per allegation of forgery is concerned and other accused have been released on bail, I am inclined to grant anticipatory bail to the applicant. 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.
[4] In the event of arrest of the applicant in connection with C.R.No.I-245 of 2010 registered with Rajkot Taluka Police Station for the offences alleged against him, the applicant shall be released on bail on each executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
co-operate with the investigation and make himself available whenever required;
remain present before the concerned Police Station on 19th December, 2011 between 11.00 a.m. to 2.00 p.m..;
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;
at the time of execution of bond, he shall furnish address to the Investigating Officer and the Court concerned and shall not change residence till the final disposal of the case or till further orders;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
[5] It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
[6] At the trial, the Trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[7] Rule made absolute to the aforesaid extent. Direct service is permitted.
[M.D.Shah, J.] satish Top