Gujarat High Court
Popatbhai Kamjibhai Kopsa vs State Of Gujarat on 9 July, 2024
NEUTRAL CITATION
R/CR.MA/12664/2024 ORDER DATED: 09/07/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12664
of 2024
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POPATBHAI KAMJIBHAI KOPSA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1,2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 09/07/2024
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for enlarging them on anticipatory bail in connection with the FIR being C .R. No. 1 1 1 8 8 0 0 5 2 3 0 3 3 8 o f 2 0 2 3 registered with Isri Police Station, Arvalli.
3. Heard learned advocate for the applicants and learned APP for the respondent - State.
4. Learned advocate for the applicants has submitted that the applicants are apprehending their arrest in connection the aforesaid FIR and in this connection the earlier application filed by the applicants before the learned Sessions Court came to be dis-allowed.
5. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of Page 1 of 4 Downloaded on : Tue Jul 09 21:09:18 IST 2024 NEUTRAL CITATION R/CR.MA/12664/2024 ORDER DATED: 09/07/2024 undefined anticipatory bail, inter alia, contending that the present applicant along with other co-accused were piloting the vehicle wherein the contraband liquor was being transported. She further submits that the investigation is still in progress. She, therefore, submitted to dismiss the present application.
6. Heard learned advocates for the parties and perused the material available on record. As per the case of prosecution, the present applicants were piloting the car which was allegedly pioliting the vehicle, wherein the contraband liquor was being transported. The present applicants do not appear to have any antecedent.
7. This Court has considered following aspects,
(a) as per catena of decisions of Hon'ble Supreme Court there are mainly two factors which are required to be considered by this court;
(i) prima facie case
(ii) requirement of accused for custodial interrogation.
Therefore, in the facts and circumstances of the present case, this court is inclined to consider the case of the applicants.
8. 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., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the Page 2 of 4 Downloaded on : Tue Jul 09 21:09:18 IST 2024 NEUTRAL CITATION R/CR.MA/12664/2024 ORDER DATED: 09/07/2024 undefined case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020.
8.1 This court has also considered the judgment in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, wherein the Hon'ble Apex Court has observe that whenever there is punishment of 7 years, then the court would be liberal to exercise the discretion. Further, by exercising the discretion under Section 438 Cr.P.C, the doors of remand by the Investigating Officer is open and therefore also this court is inclined to exercise powers under Section 438 of Cr.P.C.
9. In the result, the present application is allowed. The applicants are ordered to be released on anticipatory bail in the event of their arrest in connection with a F I R be i ng C . R. No . 1 1 1 8 8 0 0 5 2 3 0 3 3 8 o f 2 0 2 3 registered wit h Isri Police Station, Arvalli on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions;
(a) shall cooperate with the investigation and make available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 1 1 . 0 7 . 2 0 2 4 between 12.00 Noon and 2.00 p.m.;
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(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 concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
10. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) GIRISH Page 4 of 4 Downloaded on : Tue Jul 09 21:09:18 IST 2024