Tersingbhai Gavjibhai Pargi vs State Of Gujarat on 15 May, 2018

[Cites 6, Cited by 2]

Gujarat High Court

Tersingbhai Gavjibhai Pargi vs State Of Gujarat on 15 May, 2018

Bench: B.N. Karia

          R/CR.MA/8803/2018                                          ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/CRIMINAL MISC.APPLICATION NO.  8803 of 2018
==========================================================
                       TERSINGBHAI GAVJIBHAI PARGI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR M T SAIYAD(3848) for the PETITIONER(s) No. 1,2,3,4,5
MR DM DEVNANI, APP for the Respondent - State
==========================================================
  CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
                               Date : 15/05/2018
                                 ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on anticipatory bail in the event of his arrest in connection with the FIR, being C.R. No.I16 of 2018, registered with Fatehpur Police Station, Dahod, for an offence punishable under Sections 143, 427, 435 and 506(2) of the Indian Penal Code.

2. Learned advocate appearing on behalf of the applicants would submit that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

3. On the other hand, the learned APP appearing for the respondentState has opposed this application and granting of anticipatory bail to the applicants, looking to the nature and gravity of the offence.

4. I have heard the learned advocates appearing for the Page 1 of 4 R/CR.MA/8803/2018 ORDER respective parties, perused the investigation papers and have also taken into consideration the facts of the case, nature of allegations, role attributed to the applicants and without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors; reported at [2011] 1 SCC 6941, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported at (1980) 2 SCC 665.

5. Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of Investigating Agency to file an application before the competent court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants to oppose such application on merits may be kept open.

6. In the result, the present application is allowed by directing that in the event of arrest of the applicants herein in connection with the FIR being C.R. No.I16 of 2018, registered with Fatehpur Police Station, Dahod, the applicants shall be released on bail on their furnishing personal bond of Rs.10,000/ each (Rupees ten thousands each only) with one surety of the like amount on the following conditions that they shall:

Page 2 of 4

R/CR.MA/8803/2018 ORDER

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

(b) remain present at the concerned Police Station on 19th May, 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/them 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 his residence till the final disposal of the case till further orders;

(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 the same Page 3 of 4 R/CR.MA/8803/2018 ORDER on merits;

(h) not entered into the territorial limits of village Fatehpur, District Dahod for a period of three months except for the purpose of marking presence before the concerned police station.

7. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for Police remand of the applicants. 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 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 primafacie observations made by this Court while enlarging the applicants on bail. Rule is made is made absolute.

Direct service is permitted.

(B.N. KARIA, J) ALI Page 4 of 4

Unlock Advanced Research with PRISMAI

Gujarat High Court