Gujarat High Court
Ravindrapuri Manipuri Goswami vs State Of Gujarat on 11 August, 2017
Author: K.M.Thaker
Bench: K.M.Thaker
R/CR.MA/19313/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
19313 of 2017
In
CRIMINAL MISC.APPLICATION NO. 14919 of 2011
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RAVINDRAPURI MANIPURI GOSWAMI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MS SHIVANGI RANA, ADVOCATE FOR MR P P MAJMUDAR, ADVOCATE for
the Applicant(s) No. 1
MR K.L. PANDYA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 11/08/2017
ORAL ORDER
1. Heard Ms.Shivangi Rana, learned advocate for Mr.Majmudar, learned advocate for the applicant and Mr.Pandya, learned APP.
2. Rule. Rule returnable forthwith. Mr.Pandya, learned APP has waived service of Rule.
3. At the request of learned advocate for the applicant and with consent of learned APP, the application is taken up for hearing and final Page 1 of 9 HC-NIC Page 1 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER order today.
4. In this application, the applicant has prayed, inter alia, that:
"(12)(A) YOUR LORDSHIPS may be pleased to delete / modify condition No.7.0(g) imposed upon the applicant by this Hon'ble Court vide order dated 21.10.2011 in Criminal Misc. Application No.14919 of 2011 (ANNEXURE I) and be pleased to permit the applicant to mark his presence at ACB Police Station, Patan;
(B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to suspend the operation, implementation and execution of No.7.0(g) imposed upon the applicant by this Hon'ble Court vide order dated 21.10.2011 in Criminal Misc.
Application No.14919 of 2011 (ANNEXUREI) and be pleased to permit the applicant to mark his presence at ACB Police Station, Patan;"
5. The factual background is mentioned in the order dated 21.10.2011 passed in Criminal Misc. Application No.14919 of 2011 which reads thus:
"3.0 This application is successive bail application seeking regular bail under section 439 of the Code of Criminal Procedure, 1973 in connection with FIR registered with A.C.B. Police Station, Palanpur, Dist.Banaskantha bearing ICR No.7 of 2011 for the offence punishable under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.
4.0 Mr.Panchal, learned advocate for the applicant has submitted that even if the allegations against the applicant had taken as true, then also any offence under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act is not made out. He further submitted that the applicant is wrongly implicated in the alleged offence because he was investigating the offence against the complaint. He also submitted that now the investigation is over and charge sheet has already been filed. Furthermore, the applicant is already placed under suspension by competent Departmental Authority. On such ground, he requested that applicant may be Page 2 of 9 HC-NIC Page 2 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER enlarged on bail.
5.0 The application is opposed by Mr.Pandya, learned APP, who has submitted that this is successive bail application and therefore may not be entertained. He also submitted that the applicant is P.S.I and serious allegations about demanding and accepting bribe amount have been levelled against him. He also submitted that an amount was found on the table of the applicant and therefore the applicant may not be released on bail and the application deserves to be rejected.
6.0 Having heard the learned counsel for both the sides and considering the facts and circumstances of the case as well as the documents and other material produced on record of this case, and also the the fact that the applicant is already put under suspension by order dated 21.09.2011 passed by the Competent Departmental Authority, the present application deserves consideration. So far as objection on the ground of successive bail application is concerned, previous application was withdrawn with permission with permission to take appropriate proceedings since at the relevant time charge sheet was not filed. The applicant has approached the Court on the ground that now the charge sheet is filed. Considering these facts and circumstances and the fact that charge sheet is now filed and investigation is over, and since the applicant is already put under suspension, I am of the view that the applicant deserves to be released on bail and therefore this application is allowed and the applicant is hereby order to be released on regular bail."
6. In Criminal Misc. Application No.453 of 2014 the applicant prayed that:
"12(A) YOUR LORDSHIPS may be pleased to delete / modify condition No. 7.0 (g) imposed upon the applicant by this Hon'ble Court vide order dated 21.10.2011 in Criminal Misc. Application No. 14919 of 2011 (Annexure I) in connection with the FIR I CR No. 7 of 2011, registered with A.C.B. Police Station, Palanpur, District B.K."
7. In the said application the Court passed order dated 14.3.2014 wherein it is recorded Page 3 of 9 HC-NIC Page 3 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER that:
"4. To support and justify the request made in the application, the applicant has averred, inter alia, that: (4) It is respectfully stated and submitted that the applicant had preferred regular bail application, which is granted by this Hon'ble Court vide the aforesaid order dated 21.10.2011 with several conditions, more particularly condition no.7.0 (g) is imposed which reads as under:
(e) mark his presence at the concerned Police Station on every first and fifteenth day of every month, between 11.00 a.m. to 3.00 p.m.;
(5) It is respectfully stated and submitted that the present applicant has complied with all the conditions.
It is submitted that considerable time has passed since the aforesaid condition is imposed and vide order dated 19.11.2013 passed by the competent authority, it is ordered that the present applicant shall be reinstated in service and shall be reinstated in service and shall be posted at Ahmedabad city, subject to conditions of the said order, copy whereof is annexed hereto and marked as ANNEXUREII.
(6) It is respectfully stated and submitted that thus considering the aforesaid aspect, as the present applicant is now to be posted at Ahmedabad City, it would be difficult for the petitioner to mark his presence as per the aforesaid condition of this Hon'ble Court and, therefore, the present application. (7) It is respectfully stated and submitted that considering the totality of the case, this is a fit case where this Hon'ble Court may grant interim relief as prayed for in the present application.
5. Having regard to the said details, learned APP has also not opposed the request however, learned APP submitted that the same condition including the condition No. 07(G) of the order dated 21.10.2011 passed in Criminal Misc. Application No. 14919 of 2011 may be maintained, however with appropriate modification only in condition No. 07(g) of the order so as to allow the applicant to mark his presence at A.C.B., Police Station, Shahibaug Ahmedabad instead of A.C.B. Police Station, Palanpur as originally mentioned in paragraph No. 07(g) of the order dated 21.10.2011."
8. From the above mentioned orders it comes out Page 4 of 9 HC-NIC Page 4 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER that under order dated 21.10.2011 this Court accepted the applicant's request and enlarged him on bail, subject to the conditions mentioned in paragraph No.7.0 of the order dated 21.10.2011. The said paragraph No.7.0 reads thus:
"7.0 Hence, this application is allowed. It is directed that the present applicant in connection with ICR No.7 of 2011 registered with A.C.B. Police Station, Palanpur, Dist.Banaskantha be released on bail, in respect of the offences alleged against him in this application, on his executing and furnishing a bond of Rs.25,000/ (Rupees: Twenty Five Thousand Only) with one solvent surety of like amount, by the concerned Police Officer, and on condition that he shall:
(a) not take undue advantage of or abuse the liberty;
(b) not act in manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) not leave the State of Gujarat without prior permission of the Sessions Court concerned;
(e) furnish the address of his residence at the time of execution of bond and shall not change the residence without prior permission of the Sessions Court/this Court;
(f) surrender his passport, if any, to the lower court within 4 days from the date of this order;
(g) mark his presence at the concerned Police Station on every first and fifteenth day of every month, between 11.00 a.m. to 3.00 p.m.;
(h) not to enter district Banaskantha till the trial is without prior permission of the Sessions Court, but for making his presence and attending the Court in connection with this case the applicant will be free to enter the limits for a period to the extent necessary and will leave the limits of Banaskantha district immediately after the case is adjourned;"
9. By virtue of paragraph No.7.0 (g), the Court directed the applicant to mark presence on every first and fifteenth day of every month between Page 5 of 9 HC-NIC Page 5 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER 11.00 a.m. to 3.00 p.m.
10. Subsequently, for the reasons made out by the applicant in Criminal Misc. Application No.453 of 2014, this Court modified the condition and permitted the applicant to mark presence at ACB Police Station, Shahibaug, Ahmedabad. The said aspect is borne out from paragraphs No.5 and 6 of the order dated 14.3.2014 in Criminal Misc. Application No.453 of 2014, which reads thus:
"5. Having regard to the said details, learned APP has also not opposed the request however, learned APP submitted that the same condition including the condition No. 07(G) of the order dated 21.10.2011 passed in Criminal Misc. Application No. 14919 of 2011 may be maintained, however with appropriate modification only in condition No. 07(g) of the order so as to allow the applicant to mark his presence at A.C.B., Police Station, Shahibaug Ahmedabad instead of A.C.B. Police Station, Palanpur as originally mentioned in paragraph No. 07(g) of the order dated 21.10.2011.
6. Therefore, below mentioned order is passed: The condition No.07(g) of the order dated 21.10.2011 passed in Criminal Misc. Application No. 14919 of 2011 is hereby modified only to the extent that the applicant shall mark his presence at A.C.B., Police Station, Shahibaug Ahmedabad, instead of A.C.B. Police Station, Palanpur, in same manner as mentioned in condition No. 07(g)."
11. Now, the applicant has come out with above quoted request. To support and justify the request, the applicant has averred and stated Page 6 of 9 HC-NIC Page 6 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER that:
"(4) It is respectfully stated and submitted that the applicant was posted in Ahmedabad and therefore since the applicant was facing difficulties in marking presence at the concerned police station as per the aforesaid condition and thus, the applicant had preferred an application for modification of aforesaid condition and thus, the applicant had preferred an application for modification of aforesaid condition registered as Criminal Misc. Application No.453 of 2014 and the said application was allowed vide order dated 14.03.2014 and the applicant was permitted to mark his presence at ACB Police Station, Shahibaug, Ahmedabad instead of ACB Police Station, Palanpur, Banaskantha.
(5) It is respectfully stated and submitted that the present applicant has complied with all the conditions.
It is submitted that considerable time has passed since the aforesaid condition is imposed and that the applicant was working as Police SubInspector in Ahmedabad and thereafter, the applicant has retired recently on 30.06.2017 and now the applicant is residing at Patan at the address of cause title of the application, subject to conditions of the said order. (6) It is respectfully stated and submitted that thus considering the aforesaid aspect, as the present applicant has retired and he is now residing in Patan, it would be difficult for the applicant to mark his presence as per the aforesaid order dated 14.03.2014 at ACB Police Station, Shahibaug, Ahmedabad and, therefore, the applicant prefers the present application for modification of condition and that the applicant may be permitted to mark his presence at ACB Police Station, Patan.
(7) It is respectfully stated and submitted that considering the totality of the case, this is a fit case where this Hon'ble Court may grant interim relief as prayed for in the present application."
12. The applicant has claimed that he has retired from service and he is presently residing at Patan. Therefore, he has sought permission to mark presence at ACB Police Station, Patan, Page 7 of 9 HC-NIC Page 7 of 9 Created On Sat Aug 12 01:09:03 IST 2017 R/CR.MA/19313/2017 ORDER instead of ACB Police Station, Shahibaug, Ahmedabad.
13. Mr.Pandya, learned APP submitted that in view of the reasons mentioned in the application, he has no objection if the request is granted, provided other conditions are maintained. Therefore, paragraph No.7.0 (g) of the order dated 21.10.2011 in Criminal Misc. Application No.14919 of 2011 is hereby modified only to the extent that the applicant is permitted to mark presence at ACB Police Station, Patan, subject to the clarification and condition that all other conditions mentioned in the order dated 21.10.2011 including the condition to mark presence on every first and fifteenth day of every month between 11.00 a.m. to 3.00 p.m. shall remain as it is and unchanged.
14. Accordingly, paragraph No.7.0 (g) is partly modified with clarification that rest of the conditions are not disturbed and shall remain as it is.
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R/CR.MA/19313/2017 ORDER
With the aforesaid clarifications and directions, the application is allowed in terms of paragraph No.(12)(A). Rule is made absolute to the aforesaid extent.
(K.M.THAKER, J.) Bharat Page 9 of 9 HC-NIC Page 9 of 9 Created On Sat Aug 12 01:09:03 IST 2017