Gujarat High Court
Arvindbhai Mangalbhai Bhoi & vs State Of Gujarat on 2 January, 2017
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/35333/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO.
35333 of 2016
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ARVINDBHAI MANGALBHAI BHOI & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
A B PATEL, ADVOCATE for the Applicant(s) No. 1 2
MR H.K.PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 02/01/2017
ORAL ORDER
1. Rule. Learned APP Mr.H.K.Patel waives service of notice of Rule for the RespondentState.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantoriginal accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR registered at C.R.No.I37 of 2016 before the Sevaliya Police Station, District KhedaNadiad of the offence punishable under Sections 376(1), 452 and 506(2), 366, 212 and 114 of the Indian Penal Code.
3. The learned advocate appearing on behalf of the Page 1 of 6 HC-NIC Page 1 of 6 Created On Tue Jan 03 00:04:04 IST 2017 R/CR.MA/35333/2016 ORDER applicants would submit that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.
4. On the other hand, the learned APP appearing for the respondentState has opposed this application and granting anticipatory bail to the applicants looking to the nature and gravity of the offence.
5. I have heard the learned Advocates appearing for the respective parties, perused the investigation papers and have also taken into consideration the facts of the case, nature of allegations, role attributed to the applicantsaccused 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 Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors., as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Jan 03 00:04:04 IST 2017 R/CR.MA/35333/2016 ORDER by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
6. The 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 their remand.
7. 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 registered at C.R. No.I37 of 2016 before the Sevaliya Police Station, District KhedaNadiad, the applicants shall be released on bail on their furnishing a personal bond of Rs.10,000/( Rupees ten thousands only) each with one surety of the like amount on the following conditions that they shall:
(a) cooperate with the investigation and make Page 3 of 6 HC-NIC Page 3 of 6 Created On Tue Jan 03 00:04:04 IST 2017 R/CR.MA/35333/2016 ORDER themselves available for interrogation whenever required;
(b) remain present at the concerned Police Station on 5th January, 2017 between 11.00 a.m. and 4.00 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 their residences 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 Page 4 of 6 HC-NIC Page 4 of 6 Created On Tue Jan 03 00:04:04 IST 2017 R/CR.MA/35333/2016 ORDER 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 on merits;
8. 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 applicant, even if, Page 5 of 6 HC-NIC Page 5 of 6 Created On Tue Jan 03 00:04:04 IST 2017 R/CR.MA/35333/2016 ORDER 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.
9. 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 is made absolute. Direct service is permitted.
(B.N. KARIA, J.) Tuvar Page 6 of 6 HC-NIC Page 6 of 6 Created On Tue Jan 03 00:04:04 IST 2017