Gujarat High Court
Hiteshbhai Gopalbhai Dhankani & 2 vs State Of Gujarat on 21 April, 2016
Author: R.M.Chhaya
Bench: R.M.Chhaya
R/CR.MA/8728/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 8728 of
2016
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HITESHBHAI GOPALBHAI DHANKANI & 2....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR RATHIN P RAVAL, ADVOCATE for the Applicant(s) No. 1-3
MR LB DABHI, ADDITIONAL PUBLIC PROSECUTOR for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 21/04/2016
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 their arrest in connection with the FIR registered at C.R. No.I40 of 2016 with Jamnagar City "A" Division Police Station for the offences punishable under Sections 326, 324, 323 and 114 of the IPC and Section 135(1) of the Gujarat Police Act.
2. Learned advocate for the applicants submits that applicant no.1 and his wife have Page 1 of 5 HC-NIC Page 1 of 5 Created On Fri Apr 22 01:50:20 IST 2016 R/CR.MA/8728/2016 ORDER reconciled the matrimonial dispute and are staying together and that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.
3. Learned Additional Public Prosecutor opposes the grant of anticipatory bail looking to the nature and gravity of offences.
4. The learned advocates appearing for the parties do not press for further reasons.
5. Having heard the learned advocates for the parties and perusing the investigation papers as well as considering record of the case and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, 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 Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in [2011] 1 SCC 6941, wherein the Page 2 of 5 HC-NIC Page 2 of 5 Created On Fri Apr 22 01:50:20 IST 2016 R/CR.MA/8728/2016 ORDER Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980) 2 SCC 665.
6. In the result, the present application is allowed by directing that in the event of applicants herein being arrested pursuant to FIR registered at C.R. No.I40 of 2016 with Jamnagar City "A" Division Police Station, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/ (Rupees ten thousand only) each with one surety of like amount on the following conditions:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 25.04.2016 between 11.00 a.m. and 02.00 p.m.;
(c) shall 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;Page 3 of 5
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(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 the residence till final disposal of the case till further orders;
(f) shall 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 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 Page 4 of 5 HC-NIC Page 4 of 5 Created On Fri Apr 22 01:50:20 IST 2016 R/CR.MA/8728/2016 ORDER 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 prima facie observations made by this Court while enlarging the applicants on bail.
9. Rule is made absolute to the aforesaid extent.
Application is allowed in the above terms. Direct service is permitted.
(R.M.CHHAYA, J.) mrp Page 5 of 5 HC-NIC Page 5 of 5 Created On Fri Apr 22 01:50:20 IST 2016