Gujarat High Court
Prakash Thakorebhai Chaudhary vs State Of Gujarat on 21 November, 2016
Author: C.L.Soni
Bench: C.L. Soni
R/CR.MA/29437/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 29437
of 2016
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PRAKASH THAKOREBHAI CHAUDHARY....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR APURVA R KAPADIA, ADVOCATE for the Applicant.
MR. HARDIK SONI, APP for the Respondent No. 1 - State.
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 21/11/2016
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, ("the Code") the applicant - original accused has prayed to release him on bail in case of his arrest in connection with the FIR being III CR NO 1368 OF 2016 registered with Bardoli Police Station for the offences punishable under Sections 66(1)B, 65-A, 65-E, 116(2) of the Prohibition Act.
2. Learned Advocate Mr. Kapadia appearing for the applicant submitted that the applicant is falsely involved in the offences alleged in the FIR with some ulterior motive. He submitted that the house, from which the liquor is found during the alleged raid by the police, does not belong to the applicant. He submitted earlier also, the applicant was sought to be involved in such offences and based on the earlier offence, the applicant was sought to be detained under the provisions of the Gujarat Prevention of Anti Social Activities Act but this Court has granted protection to the applicant in the petition Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Nov 22 00:24:14 IST 2016 R/CR.MA/29437/2016 ORDER preferred by the applicant and after such protection granted by this Court, the applicant is again falsely involved in the present case without any evidence against him.
3. Learned A.P.P. Mr. Soni appearing for the respondent - State submitted that in the FIR, the applicant is alleged to have been found to have stored liquor in the house of one Chhaganbhai Rathod and at the time of raid of such house, the applicant ran away from the place of the house and in connection with the recovery of liquor from the said house, since the investigation is in progress, the Court may not exercise the discretion under section 438 of the Code in favour of the applicant.
4. The Court having heard the learned advocates for both the sides and having considered the nature of allegations made in the FIR with police papers as also having seen FIR registered as CR-III 1050/2016, finds that the discretion under section 438 of the Code deserves to be exercised in favour of the applicant.
5. In the result, the present application is allowed. It is ordered that in case the applicant herein is arrested in connection with FIR being III CR NO 1368 OF 2016 registered with Bardoli Police Station, the applicant be released on bail on his furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of like amount, on the following conditions that the applicant :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 25th November, 2016 between 11:00 a.m. and 2:00 p.m.;
(c) shall not misuse his liberty;
(d) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Nov 22 00:24:14 IST 2016 R/CR.MA/29437/2016 ORDER yet to be collected by the Police;
(e) shall 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 or till further orders;
(f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.
6. This order shall not be construed to divest the Investigating Agency to ask for remand of the applicant if required. In such case, 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.
7. 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 absolute. The present application is disposed of accordingly.
Direct service is permitted.
Sd/-
(C.L.SONI, J.) anvyas Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Nov 22 00:24:14 IST 2016