Gujarat High Court
Sureshbhai Shantibhai Boricha Kathi ... vs The State Of Gujarat on 10 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.A/627/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 627 of 2018
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SURESHBHAI SHANTIBHAI BORICHA KATHI DARBAR
Versus
THE STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the PETITIONER(s) No. 1
PARIMALSINH J VAGHELA(8455) for the PETITIONER(s) No. 1
SWETA A DAVE(8247) for the PETITIONER(s) No. 1
DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 2
MR HK PATEL APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 10/07/2018
ORAL ORDER
1. By way of the present application under Section 14A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 2015, the applicant accused challenges the order passed by the learned 3rd Additional Sessions Judge, Limbdi, in Criminal Misc. Application No.160 of 2018 dated 02.06.2018, whereby learned Judge has rejected the said application of anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 02 of 2018 with Sayla Police Station, Dist. Surendranagar, for the offenses punishable under Sections 395, 397,325, 323, 506(2), 403 of the Indian Penal Code and under Section 135 of the Gujarat Police Act as well as under Sections 3(1)(R)(S), 3(2)(5-A), 3(2)(5) of the the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 2015.
2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Except one Page 1 of 5 R/CR.A/627/2018 ORDER all other co-accused are released on bail. 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.
3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to deposit Rs.60,000/- before the concerned trial Court, within a period of one month from the date of this order, without prejudice to the rights and contentions of the parties and he has no objection, if 50% of the said amount is given to the complainant. But it is submitted that such concession may not be construed as an admission of guilt as it is without prejudice. However, the applicant will not claim refund of the said amount in future even in the event of acquittal. 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.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
5. Having heard the learned advocate for the parties and perusing the investigating papers and taking into Page 2 of 5 R/CR.A/627/2018 ORDER consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, 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.
6. In the result, the order passed by the learned 3rd Additional Sessions Judge, Limbdi, in Criminal Misc. Application No.160 of 2018 dated 02.06.2018 is hereby quashed and set aside and the present application is allowed by directing that in the event of applicant herein being arrested pursuant to the aforesaid FIR, 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:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 13.07.2018 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 Page 3 of 5 R/CR.A/627/2018 ORDER 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 deposit Rs.60,000/- before the concerned trial Court within a period of one month from the date of the order, without prejudice rights and contentions of the applicant. Out of aforesaid amount of Rs.60,000/-, Rs.30,000/- is disbursed in favour of the complainant by A/c. Payee Cheque after proper verification. Remaining amount of Rs.30,000/- shall be invested in Fixed Deposit in any Nationalized Bank initially for a period of 3 years and thereafter, the same should be renewed as the trial Court deemed fit and proper. The applicant shall not claim refund of the said amount in the event of acquittal in the trial.
(f) 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; 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 Page 4 of 5 R/CR.A/627/2018 ORDER 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 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.
8. 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. Direct service is permitted.
(P.P.BHATT, J) YNVYAS Page 5 of 5