Gujarat High Court
Mahendrabhai Shankarlal Chauhan & vs State Of Gujarat on 31 August, 2017
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/20205/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 20205 of
2017
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MAHENDRABHAI SHANKARLAL CHAUHAN & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR. RAHUL K RAJPUT, ADVOCATE for the Applicant(s) No. 1 - 2
MR MEHUL M MEHTA, ADVOCATE for the Respondent(s) No. 1
MS. JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 31/08/2017
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 306, 498A and 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, for which FIR came to be registered at C.R. No.I 171 of 2017 with Shahibaugh Police Station, Ahmedabad.
2. Learned advocate appearing on behalf of the applicants would submit that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.
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R/CR.MA/20205/2017 ORDER
3. On the other hand, the learned APP appearing for the respondentState has opposed this application to the nature and gravity of the offence.
4. This Court has heard the learned Advocates appearing for the respective parties and perused the investigation papers. Considering the nature of accusations against the applicants and the nature of contents in the FIR, as also nature of statement of the deceased in electronical communication with her nieceVishwa, in the opinion of this Court, the case for admitting the applicants to anticipatory bail is made out.
5. Learned Advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of Investigating Agency to file an application before the competent court for their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.
6. In the result, this application is allowed. It is directed that in the event of arrest of the applicants herein in connection with FIR registered at C.R. No.I171 of 2017 at Shahibaugh Police Station, Ahmedabad, the applicants shall be released on bail on their furnishing a personal bond of Rs.10,000/ (Rupees ten thousands only) each with one surety each Page 2 of 4 HC-NIC Page 2 of 4 Created On Sun Sep 03 16:26:05 IST 2017 R/CR.MA/20205/2017 ORDER of the like amount on the following conditions that he shall:
(a) cooperate with the investigation and make themselves available for interrogation whenever required;
(b) remain present at the concerned Police Station on 04.09.2017 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 their 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 the same 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 applicants. The applicants 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 accusedapplicants in the judicial custody for the purpose of entertaining Page 3 of 4 HC-NIC Page 3 of 4 Created On Sun Sep 03 16:26:05 IST 2017 R/CR.MA/20205/2017 ORDER application of the prosecution for police remand. This is, however, without prejudice to the right of the accusedapplicants 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 applicants, 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 primafacie observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the above extent.
Direct service is permitted.
(G.R.UDHWANI, J.) Bimal Page 4 of 4 HC-NIC Page 4 of 4 Created On Sun Sep 03 16:26:05 IST 2017