Gujarat High Court
Mohammed Altaf Dadubhai Shaikh vs State Of Gujarat on 27 March, 2020
Author: Vikram Nath
Bench: Vikram Nath
R/CR.MA/5871/2020 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 5871of 2020
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MOHAMMEDALTAFDADUBHAISHAIKH Versus STATEOF GUJARAT ========================================================== Appearance:
MRBMMANGUKIYA(437)for the Applicant(s)No. 1,2,3 MS BELAA PRAJAPATI(1946)for the Applicant(s)No. 1,2,3 PUBLICPROSECUTOR(2)for the Respondent(s)No. 1 ========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH Date: 27/03/2020 ORALORDER
1. Rule. Shri D.M.Devnani, learned Additional Public Prosecutor waives service of Rule for the respondent - State.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R.No.11823017200188 of 2020 with Rajpipla Police Station for the offences punishable under Sections 306, 506(2) and 114 of IPC and Sections 40, 42 and 44 of the Gujarat Money-Lenders Act, 2011.
3. Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the Page 1 of 4 Downloaded on : Fri Mar 27 20:59:41 IST 2020 R/CR.MA/5871/2020 ORDER above, the applicants may be granted anticipatory bail.
4. Learned advocate for the applicant on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.
5. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. Having heard the learned advocate for the parties and perusing the investigating papers and as well as considering of the case and taking into consideration the facts of the case and the allegations made in the FIR and also the delay in lodging the FIR, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants.
8. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered at C.R.No.11823017200188 of 2020 with Rajpipla 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) they shall cooperate with the investigation and make themselves available for interrogation whenever required;Page 2 of 4 Downloaded on : Fri Mar 27 20:59:41 IST 2020
R/CR.MA/5871/2020 ORDER
(b) they shall remain present at concerned Police Station on 30.03.2020 between 11.00 a.m. and 2.00 p.m.;
(c) they 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 them from disclosing such facts to the court or to any police officer;
(d) they 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) they 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 till further orders;
(f) they 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;
9. 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 Page 3 of 4 Downloaded on : Fri Mar 27 20:59:41 IST 2020 R/CR.MA/5871/2020 ORDER 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.
10. 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.
(VIKRAM NATH,CJ) GAURAVJ THAKER Page 4 of 4 Downloaded on : Fri Mar 27 20:59:41 IST 2020