Gujarat High Court
Ashaben Ankitbhai Singala vs State Of Gujarat on 5 November, 2020
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/15834/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15834 of 2020
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ASHABEN ANKITBHAI SINGALA
Versus
STATE OF GUJARAT
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Appearance:
A R ROCKEY(7592) for the Applicant(s) No. 1
MR NIRAL R MEHTA(3001) for the Applicant(s) No. 1
MR. HARDEEP L MAHIDA(7112) for the Applicant(s) No. 1
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 5/11/2020
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed for anticipatory bail in connection with the FIR No.11201016200004 of 2020 registered with CID Crime Surat Zone Police Station, District Surat City, for the offenses punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120(b) of the Indian Penal Code.
2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep herself available during the course of investigation, trial also and will not flee from justice.
3. Learned advocate for the applicant upon instructions states that, as the disputed transactions being a loan transaction, the applicant is ready and willing to deposit whole loan amount within six months from today before the concerned Bank. It is further submitted that, the whole case is based on documentary Page 1 of 4 Downloaded on : Fri Nov 06 04:56:18 IST 2020 R/CR.MA/15834/2020 ORDER evidence and no further custodial interrogation is required. The applicant is also ready to abide by any other conditions including the condition with regard to powers of Investigating Agency to file an application before the competent Court for her remand. He further submits 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. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
4. Learned Addl. Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
5. Having heard the learned advocates for the parties, perusing the material placed on record, taking into consideration the facts of the case, nature of allegations, gravity of offences and role attributed to the accused, it appears that, the loan account is maintained by the complainant and still it is in operation. The proposal to pay the whole loan amount within six months would be reasonable and on the basis of bone fide of the applicant, this Court is inclined to grant anticipatory bail to the applicant.
6. Looking to the overall facts and circumstances of the present case and looking to the role attributed to the applicant and has also considered 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 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565, the application deserves consideration.
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7. In the result, the present application is allowed. The applicant is ordered to be released on anticipatory bail in the event of her arrest in connection with FIR No.11201016200004 of 2020 registered with CID Crime Surat Zone Police Station, District Surat City, on her executing personal bond of Rs.10,000/ (Rupees Ten Thousand Only) with one surety of like amount on the following conditions;
(a) shall cooperate with the investigation and make herself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 12.11.2020 between 11.00 a.m. And 2.00 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;
(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 her residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week;
(g) it would be open to the Investigating Officer to file an application for remand if he/she considers it proper and just and the learned Magistrate would decide it on merits;
(h) the applicant shall file an undertaking before this Court to the Page 3 of 4 Downloaded on : Fri Nov 06 04:56:18 IST 2020 R/CR.MA/15834/2020 ORDER
effect that she would pay the full loan amount to the concerned Bank within a period of six weeks from today. Registry is directed to accept the said undertaking and place on record the same.
8. 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 this anticipatory bail order. Rule is made absolute to the aforesaid extent.
(ILESH J. VORA,J) Pallavi Page 4 of 4 Downloaded on : Fri Nov 06 04:56:18 IST 2020