Gujarat High Court
Kapilaben Palkeshbhai Patel vs State Of Gujarat on 29 June, 2020
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/1535/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1535 of 2020
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KAPILABEN PALKESHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 29/06/2020
ORAL ORDER
1. This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.21 of 2019 registered with ACB Police Station, Surat, for the offences punishable under sections 7(a) and 12 of the Prevention of Corruption Act.
2. Mr. Manoj Danak, learned advocate for the applicant, submitted that the present applicant is actually Corporator of ward no.18 and had been a whistleblower, she had about 25 times filed an application before the Commissioner regarding the illegal construction and construction in violation of bye-laws. Mr. Danak also submitted that the applicant being Corporator of ward no.18, it is her duty to bring to the notice of Municipal Page 1 of 5 Downloaded on : Tue Jun 30 00:32:34 IST 2020 R/CR.MA/1535/2020 ORDER Commissioner illegal construction of the builders of that area. Mr. Danak further submitted that the bribe amount came to be recovered, is from some person from the same community of the applicant, may be some distant relative of the applicant, thus, referring to the quantum of punishment under Section 7(a) and 12 of the Prevention of Corruption Act, he prayed for anticipatory bail.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail submitting that the fact of being a Corporator or having made an application for about 25 times, would not help the applicant. The offence has been committed and as per the complaint, bribe money of Rs.50,000/- was recovered from accused no.3 thus, it cannot believed that the present applicant being accused no.1 had no knowledge or there would be no demand of bribe money from her side. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.
5. Heard the learned advocates for the parties and perused the material on record. It appears from the complaint itself that the present applicant had made complaint to Commissioner of Mahanagarpalika, Surat on her letter-pad being Corporator of ward no.18 regarding illegal construction of some Almadina Park Page 2 of 5 Downloaded on : Tue Jun 30 00:32:34 IST 2020 R/CR.MA/1535/2020 ORDER Society. The narrations of the complaint reflects about her objections to the illegal constructions. In anti-corruption matters raid is laid down and the offence becomes complete since money is recovered. Here in this case, bribe amount was recovered from accused no.3. The applicant being Corporator, her presence would be available as and when necessary to the Investigating Officer. Taking into consideration quantum of punishment and the fact that bribe amount was not recovered from the present applicant, this Court is inclined to grant anticipatory bail to the applicant.
6. 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 case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.
7. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of her arrest in connection with the first information report being I- C.R. No.21 of 2019 registered with ACB Police Station, Surat, on executing a personal bond of Rs.10,000/- (Rupees Ten Page 3 of 5 Downloaded on : Tue Jun 30 00:32:34 IST 2020 R/CR.MA/1535/2020 ORDER Thousand Only) with one surety of like amount on the following conditions:
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
08.07.2020 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 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
(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;
8. 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 Page 4 of 5 Downloaded on : Tue Jun 30 00:32:34 IST 2020 R/CR.MA/1535/2020 ORDER 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 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.
9. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) NEHA / Vahid Page 5 of 5 Downloaded on : Tue Jun 30 00:32:34 IST 2020