Gujarat High Court
Dharmeshbhai Vaghjibhai Desai & 3 vs State Of Gujarat on 17 January, 2017
Author: C.L.Soni
Bench: C.L. Soni
R/CR.MA/322/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 322 of
2017
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DHARMESHBHAI VAGHJIBHAI DESAI & 3....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR. RAHUL R DHOLAKIA, ADVOCATE for the Applicant(s) No. 1 - 4
MS. MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 17/01/2017
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, ("the Code"), the applicants have prayed to release them on bail in case of their arrest in connection with the FIR being I CR NO. 136 of 2016 registered with Isanpur Police Station, Ahmedabad for the offences punishable under Sections 394, 323, 294(B), 506(2), 427,and 114 of the Indian Penal Code and Section 135(1) of the G.P. Act.
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R/CR.MA/322/2017 ORDER
2. Learned Advocate Mr. Dholakia for the applicants submitted that what is alleged in the F.I.R is highly improbable and untrustworthy. It is not possible to believe that simply because the informant does not go to the shops of the applicants to purchase any material, the applicants would make assault on the informant and his brother. He submitted that just to see that the applicants may not be able to ask for anticipatory bail, the allegations of loot of golden chain and an amount of Rs. 7,380/is made in the F.I.R. He submitted that the applicants are businessmen and reputed persons in the society and therefore considering the nature of the allegations made in the F.I.R, the court may exercise discretion in favour of the applicants under Section 438 of the Code.
3. Learned APP Ms. Thakkar on the other hand, submitted that the informant has made specific allegations as regards the assault made on him by the applicants and the loot of golden chain and cash amount by the applicants, and since the investigation is in progress, the Court may not exercise the Page 2 of 5 HC-NIC Page 2 of 5 Created On Sat Aug 12 05:31:43 IST 2017 R/CR.MA/322/2017 ORDER discretion in favour of the applicants under section 438 of the Code.
4. Learned advocate Mr. Kshitij Amin states that he has got instruction to appear for the complainant and will enter his appearance for the complainant during the course of the day. Learned advocate Mr. Amin for the complainant stated before the Court that on account of the intervention of the elder people and the friends from both the sides now no grievance of the informant is left against the applicants.
5. The Court, having heard learned advocates for both the sides, and having considered the nature of the allegations, especially having considered the statement made by learned advocate Mr. Amin for the complainant, finds that discretion deserves to be exercised under Section 438 of the Code in favour of the applicants.
6. In the result, the present application is allowed. It is ordered that in case the applicants herein are arrested in connection with FIR being I CR NO. 136 of 2016 registered with Isanpur Police Page 3 of 5 HC-NIC Page 3 of 5 Created On Sat Aug 12 05:31:43 IST 2017 R/CR.MA/322/2017 ORDER Station, Ahmedabad they shall be released on bail on their furnishing a personal bond of Rs.10,000/ (Rupees Ten Thousands only) each with one surety of like amount, on the following conditions that they:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 24.01.2017 between 11:00 a.m. and 2:00 p.m.;
(c) shall not misuse their liberty;
(d) shall 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) 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.
7. This order shall not be construed to divest the Investigating Agency to ask for remand of the applicants if required. In such case, the applicants 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 Page 4 of 5 HC-NIC Page 4 of 5 Created On Sat Aug 12 05:31:43 IST 2017 R/CR.MA/322/2017 ORDER 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 applicants, 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.
8. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute. The present application is disposed of accordingly.
Direct service is permitted.
(C.L.SONI, J.) MANOJ KUMAR Page 5 of 5 HC-NIC Page 5 of 5 Created On Sat Aug 12 05:31:43 IST 2017