Gujarat High Court
Maheshbhai Babuhai Parmar vs State Of Gujarat on 28 June, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/11617/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11617 of 2018
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MAHESHBHAI BABUHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the PETITIONER(s) No. 1
MS JIRGA JHAVERI, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 28/06/2018
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No.I-97 of 2017 with Ankleshwar City Police Station, District Bharuch, for the offenses punishable under Sections 395, 365, 342 and 412 of the Indian Penal Code.
2. Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offence on the basis of statement of co-accused. It is submitted that the main accused namely Veljibhai Amarsing Rajput has been enlarged on regular bail by this Court vide order dated 26.12.2017 passed in Criminal Misc. Application No.30393 of 2017. It is further submitted that the applicant is having one criminal antecedent, but in the said offence he has been Page 1 of 5 R/CR.MA/11617/2018 ORDER enlarged on regular bail by the Co-ordinate Bench of this Court vide order dated 15.11.2017 passed in Criminal Misc. Application No.27974 of 2017. A copy of the said order is also placed on record. It is further submitted that allegation against the applicant is that muddamal articles were given by the applicant to the main accused Veljibhai Amarsing Rajput, who has been enlarged on regular bail. It is further submitted that the nature of allegations are such for which custodial interrogation of the applicant, at this stage, is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant, upon instructions, states that the applicant is 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 his 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.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent - State while opposing the present application submits that there is a prima facie case against the applicant for committing the alleged offence. It is submitted that involvement of the applicant in the alleged offence also reveals from the statement of co-accused namely Veljibhai Page 2 of 5 R/CR.MA/11617/2018 ORDER Rajput. It is further submitted that the stolen articles were supplied by the applicant to the co- accused Veljibhai Rajput and the statement of the co- accused cannot be ignored at the stage of anticipatory bail. Therefore, looking to the nature and gravity of the offence, the present application may be rejected.
4. Having heard the learned advocates for the parties and perusing the investigating papers and taking into consideration the facts of the case, nature of allegations and gravity of offence, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. 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 by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
5. 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.I-97 of 2017 with Ankleshwar City Police Station, District Bharuch, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions:
Page 3 of 5R/CR.MA/11617/2018 ORDER
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 02.07.2018 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 his residence till the 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;
(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.
6. 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 Page 4 of 5 R/CR.MA/11617/2018 ORDER sufficient to treat the applicant 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 applicant 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.
7. 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.
8. Rule is made absolute to the aforesaid extent. Application is disposed of accordingly. Direct service is permitted.
(P.P.BHATT, J) BDSONGARA Page 5 of 5