Gujarat High Court
Shankerbhai vs State on 1 August, 2008
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/942820/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9428 of
2008
=========================================================
SHANKERBHAI
BHODUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1,
MS.ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/08/2008
ORAL
ORDER
1. RULE.
Ms.M.L. Shah, learned Additional Public Prosecutor waives service of Rule on behalf of the State. In the facts and circumstances of the case and by consent of learned counsel of both the sides, the application is taken up for hearing today.
2. This is an application for anticipatory bail preferred under Section 438 of the Code of Criminal Procedure in connection with the FIR bearing CR No. I 134 of 2008 registered with Godhra Taluka Police Station for the offences punishable under Sections 143, 147,148,149,323,337,353 and 427 of IPC r/w. Section 135 of the Bombay Police Act.
3. Learned advocate for the petitioner submitted that on perusal of the FIR at Annexure-A to the petition, no overt act can be alleged against the petitioner. The petitioner has been falsely implicated in the commission of offence and he had not taken any part in the commission of offence and, therefore, the prayer, as set out in the application, may be granted.
4. Ms.Shah, learned A.P.P., representing the State, opposed the application and submitted that considering the role attributed to the petitioner and the manner in which the offence is committed by the petitioner along with the other accused, it is a fit case to reject the application.
5. Having considered the rival submissions, on perusal of the FIR at Annexure-A to the petition and the order passed by the learned District and Sessions Judge in Criminal Misc. Application No.474 of 2008 and the reasons assigned by the learned Judge in the said order, the petitioner is booked for the offence punishable under Sections 143, 147, 148, 149,323,337,353 and 427 of IPC r/w. Section 135 of the Bombay Police Act. The petitioner was, prima facie, present in the crowd and he merely instigated the other people to commit the act.
6. In view of the aforesaid facts and circumstances and without going into the merits of the case, I am inclined to exercise my discretion in favour of the petitioner.
7. In the event of arrest of the petitioner in connection with CR No. I 134 of 2008 registered with Godhra Taluka Police Station for the offences punishable under Sections 143, 147,148,149,323,337,353 and 427 of IPC r/w. Section 135 of the Bombay Police Act, he shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
[a] co-operate with the investigation and make himself available for interrogation whenever and wherever required.
[b] shall remain present at the concerned Police Station on 06.08.2008 between 9.00 AM to 3.00 PM.
[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
[d] at the time of execution of bond, furnish his residential address to the investigating officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
[e] not leave India without the permission of the Court and, if holding a passport, he shall surrender the same before the Trial Court within a week;
[f] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;
8. It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
9. This order will hold good, if the petitioner is arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of ten days from the date of his arrest. Thereafter, it will be open to the petitioner to make a fresh application for being enlarged on bail in usual course, which, when it comes up before the competent Court, will be decided in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time, without being influenced by the fact that anticipatory bail was granted.
With these directions, this petition is allowed.
Rule is made absolute. Direct Service is permitted.
[H.B. Antani, J.] Hitesh Top