Vaghela Vandnaben Purshottambhai vs State Of Gujarat on 25 June, 2018

[Cites 8, Cited by 0]

Gujarat High Court

Vaghela Vandnaben Purshottambhai vs State Of Gujarat on 25 June, 2018

Bench: Sonia Gokani

        R/CR.MA/5474/2018                                            ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 5474 of 2018

==========================================================
               VAGHELA VANDNABEN PURSHOTTAMBHAI
                             Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
H P BAXI(9459) for the PETITIONER(s) No. 1
MR CHETAN P PAJWANI(5565) for the PETITIONER(s) No. 1
MR VASHISTHA M JOSHI(8972) for the PETITIONER(s) No. 1
MR. L.R. POOJARI, APP (2) for the RESPONDENT(s) No. 1
==========================================================

 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                               Date : 25/06/2018
                                ORAL ORDER

1. This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in connection with FIR being I- C.R.No.76 of 2017 registered with Sawarkundla Police Station, District Amreli, for the offences punishable under Sections 120B, 323, 504, 506(2), 342, 386 and 114 of the Indian Penal Code.

2. It is the case of the first informant that Ms. Mira Dhanani @ Vanshika residing at Gariyadhar has hatched a criminal conspiracy with three unknown persons. She took him in the closed factory and called co-accused by making a call from her mobile phone and unknown persons threatened him to kill and compelled him to make phone call at Amreli Angadiya Firm and from Page 1 of 5 R/CR.MA/5474/2018 ORDER Sawarkundla firm to obtain money.

3. The applicant has been protected by this Court by order dated 20.03.2018. Subsequently, this Court by order dated 04.04.2018, has also permitted for TI Parade and directed him to cooperate with the investigating agency as and when required.

4. From the record, it transpires that as and when that the Investigating Officer has asked for custodial interrogation, the applicant has been cooperated with the investigating agency.

5. Bearing in mind the fact that the applicant is a young lady with five years old child and the interim protection granted earlier by this Court has been continued as well as considering the overall facts and circumstances of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court inclined to grant anticipatory bail to the applicant.

6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered at I-C.R. No. 76 of 2017 with Sawarkundla Police Station, she shall be released on bail on furnishing solvent surety of Rs.

Page 2 of 5

R/CR.MA/5474/2018 ORDER 20,000/- (Rupees Twenty Thousand Only) with one surety of like amount on the following condition that she shall:

(a) cooperate with the investigation and make herself available for interrogation whenever required;

(b) remain present at concerned Police Station on 28.06.2018 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 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 her residence till the final disposal of the case till further orders;

Page 3 of 5

R/CR.MA/5474/2018 ORDER

(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 it on merits.

7. 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 Page 4 of 5 R/CR.MA/5474/2018 ORDER this anticipatory bail order.

8. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court granting anticipatory bail to the applicant.

Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.

(SONIA GOKANI, J) JIGNESH Page 5 of 5

Unlock Advanced Research with PRISMAI

Gujarat High Court