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Gujarat High Court

Leelaben W/O Bhagaji Bihola D/O ... vs State Of Gujarat on 7 September, 2020

Author: A.G.Uraizee

Bench: A.G.Uraizee

        R/CR.MA/11955/2020                                         ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 11955 of 2020

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     LEELABEN W/O BHAGAJI BIHOLA D/O CHHATRASINH MOTAJI
                          CHAUHAN
                            Versus
                     STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MS C M SHAH, APP (2) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 07/09/2020
                               ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R No.11216008200013 of 2020 before Gandhinagar Sector 7 Police Station, District: Gandhinagar for the offences under Sections 465, 467, 468, 471, 114 of the Indian Penal Code.

2. Learned advocate for the applicant submits that essentially the dispute is civil dispute. He submits that the applicant is lady whose present is not required for custodial interrogation. It is his further submission that prosecution case is based on documentary evidence which is collected during the course of investigation. He submits that there is a delay in lodging FIR also. He also submits that sale deed was executed after the entry was mutated on the basis of the order of the Prant Officer. He therefore urges that the applicant may be released on bail.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail. She submits Page 1 of 4 Downloaded on : Mon Sep 07 22:25:16 IST 2020 R/CR.MA/11955/2020 ORDER that bogus death certificate and pedgree (Pedhinama) was created by the applicant and other co-accused persons. According to his submission the applicant has played a direct role and therefore she may not be released on bail.

4. Heard the learned Advocates for the respective parties and perused the papers.

5. Having heard the learned counsel for the parties and perusing the record of the case it appears that the dispute is in respect of land. It further prima facie appears that the sale transaction was executed after the land was mutated in the name of the applicant and others. It further appears that the Revenue entries were mutated after the order was passed by the Prant Officer in RTS Appeal No. 82 of 2015 preferred by the applicant and others wherein the original complainant was one of the respondents. It also appears that the contentions raised by the original complainant and others in the said RTS proceedings are the same as the allegations made in the impugned FIR. Considering the overall facts, I am inclined to grant anticipatory bail to the applicant/s. 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 Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.

6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R No.11216008200013 of 2020 before Gandhinagar Sector 7 Police Station, District: Gandhinagar the applicant shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees TenThousand only) with one surety of like amount on the following conditions that the applicant shall :

      R/CR.MA/11955/2020                                            ORDER



   (a)    cooperate with the investigation and make available for
   interrogation whenever required;


   (b)    remain present at concerned Police Station on 14.09.2020
   between 10.00 a.m. and 3.00 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 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 Page 3 of 4 Downloaded on : Mon Sep 07 22:25:16 IST 2020 R/CR.MA/11955/2020 ORDER 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. 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 absolute. Application is disposed of accordingly. Registry is directed to send the copy of the order through email or Fax to the concerned Jail Authority.

(A.G.URAIZEE, J) Pallavi/Jyoti Page 4 of 4 Downloaded on : Mon Sep 07 22:25:16 IST 2020