Gujarat High Court
Dungarsingh Gersingh @ Jethisingh ... vs State Of Gujarat on 7 November, 2017
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/23741/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 23741 of
2017
============================================================
====
DUNGARSINGH GERSINGH @ JETHISINGH CHAUHAN....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
===============================================================
Appearance:
MR. DHAVAL G BAROT, ADVOCATE for the Applicant(s) No. 1
MS CM SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 07/11/2017
ORAL ORDER
1. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65e, 116(1)B, 98(2) and 81 of the Prohibition Act for which FIR came to be registered at Prohibition C.R. No. 5202 of 2017 with Naroda Police Station.
2. Learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned Advocate for the applicant on instructions states that the applicant is Page 1 of 5 HC-NIC Page 1 of 5 Created On Tue Nov 07 23:56:19 IST 2017 R/CR.MA/23741/2017 ORDER ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioner; subject to the petitioners right to oppose it.
3. On the other hand, the learned APP appearing for the respondentState has opposed this application.
4. Having considered the rival contentions and having regard to the provisions of Section 65 more particularly clause (a) thereof; which punishes the import or export of intoxicant; in the facts of the present case the intoxicant worth more than Rs. 6 lacs was intercepted by the raiding party and though upon inquiry from other accused who were carrying the contraband in the vehicle, raiding party learnt that the contraband articles were destined to the petitioner herein, they deliberately or otherwise, did not allow the contraband to land with the petitioner and thus at the threshold the material which could have implicated the petitioner is destroyed. This is not the only case where due to such approach of the raiding party the material with respect to huge quantity of contraband sought to be imported has been destroyed by the raiding party with the same modus operandi. This court is thus left with no option but to exercise the discretion under Section 438 of Cr.P.C in favour of the petitioner. Accordingly the petitioner is admitted to bail in anticipation of his arrest.
Page 2 of 5
HC-NIC Page 2 of 5 Created On Tue Nov 07 23:56:19 IST 2017
R/CR.MA/23741/2017 ORDER
5. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at Prohibition C.R. No.5202 of 2017 at Naroda Police Station, the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/ (Rupees ten thousands only) with one surety of the like amount on the following conditions that he shall:
(a) cooperate with the investigation and make himself available for interrogation whenever required;
(b) remain present at the concerned Police Station on 09.11.2017 between 11.00 a.m. and 2.00 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 him/them 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 his 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 Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Nov 07 23:56:19 IST 2017 R/CR.MA/23741/2017 ORDER
(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 the same 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 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 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. Rule is made absolute to the above extent. Direct service is permitted.
(G.R.UDHWANI, J.)
Page 4 of 5
HC-NIC Page 4 of 5 Created On Tue Nov 07 23:56:19 IST 2017
R/CR.MA/23741/2017 ORDER
niru*
Page 5 of 5
HC-NIC Page 5 of 5 Created On Tue Nov 07 23:56:19 IST 2017