Gujarat High Court
Kheta Mogha Bharwad vs State Of Gujarat on 2 March, 2021
Author: Rajendra M. Sareen
Bench: Rajendra M. Sareen
R/CR.MA/2063/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2063 of 2021
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KHETA MOGHA BHARWAD
Versus
STATE OF GUJARAT
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Appearance:
MS FORAM U TRIVEDI(10039) for the Applicant(s) No. 1,2,3
NISHITH P ACHARYA(9308) for the Respondent(s) No. 1
MR JK SHAH APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 02/03/2021
ORAL ORDER
Learned advocate for the applicants seeks permission to withdraw the present application qua applicant No.1. Permission as prayed for is granted. Present application stands dismissed as withdrawn qua applicant No.1. Rule is discharged qua applicant No.1.
[1] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants original accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R No. 11993005200788 of 2020 before Aadesar Police Station, District:
Kutch (East)- Gandhigham for the offences under Sections 307, 323, 324, 504, 506(2), 143, 144, 147, 148 and 149 of the Indian Penal Code and section 25(1-b)(a) of the Arms Act and section 135 of the Gujarat Police Act.
[2] Learned advocate for the applicants submits that Page 1 of 4 Downloaded on : Thu Mar 04 06:20:47 IST 2021 R/CR.MA/2063/2021 ORDER considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for their remand. It is further submitted that upon filing such application by the investigating agency, the right of the applicants-accused to oppose such application on merits may be kept open.
[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State and learned advocate for the complainant have opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that innocent persons have been attacked by the applicants and have been injured seriously.
[4] Heard the learned Advocates for the respective parties through Video Conferencing and perused the papers. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
[5] Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant Nos. 2 and 3. 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 Page 2 of 4 Downloaded on : Thu Mar 04 06:20:47 IST 2021 R/CR.MA/2063/2021 ORDER reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
[6] In the result, the present application is partly allowed by directing that in the event of applicant Nos. 2 and 3 herein being arrested pursuant to FIR registered as C.R No. 11993005200788 of 2020 before Aadesar Police Station, District: Kutch (East)- Gandhigham, the applicant Nos. 2 and 3 shall be released on bail on furnishing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with one surety of like amount on the following conditions that the applicant Nos. 2 and 3 shall :
(a) cooperate with the investigation and make available for interrogation whenever required;
(b) remain present at concerned Police Station on 10.03.2021 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 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 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 it on merits;
[7] Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand Page 3 of 4 Downloaded on : Thu Mar 04 06:20:47 IST 2021 R/CR.MA/2063/2021 ORDER 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 prima facie observations made by this Court while enlarging the applicants on anticipatory bail.
[9] Rule is made absolute qua applicant Nos. 2 and 3. Application is disposed of accordingly. Registry is directed to communicate this order by FAX or E-mail to the concerned Authority.
(RAJENDRA M. SAREEN,J) DHARMENDRA KUMAR Page 4 of 4 Downloaded on : Thu Mar 04 06:20:47 IST 2021