Kanabhai Shardulbhai Pamak vs State Of Gujarat on 29 June, 2017

R/CR.MA/15498/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 15498
of 2017

KANABHAI SHARDULBHAI PAMAK….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR AJ YAGNIK, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 29/06/2017

ORAL ORDER

1. This application is filed by the applicant under Section 438

of the Code of Criminal Procedure, 1973 for anticipatory

bail in the event of his arrest in connection with FIR

registered at C.R. No.I-30/2017 with Gir Gadhada

Police Station, Gir Somnath for the offence punishable

under Sections 376, 504, 506(2) and 114 of the Indian

Penal Code.

2. The 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

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suitable conditions.

3. On the other hand, the learned Additional Public

Prosecutor appearing for the respondent-State has

opposed this application and granting anticipatory bail to

the applicant looking to the nature and gravity of the

offence.

4. I have heard the learned advocates appearing for the

respective parties, perused the investigation papers and

have also taken into consideration the facts of the case,

nature of allegations, role attributed to the applicant-

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 Others, reported at [2011] 1 SCC

6941, wherein the Hon’ble Apex Court has reiterated the

law laid down by the Constitutional Bench in the case of

Shri Gurubaksh Singh Sibbia and others, reported at

(1980) 2 SCC 665.

Following aspects are also considered:-

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(I) The role attributed to the applicant is only to the extent

of instigating the main accused to have a relationship with

the prosecutrix and;

II) There is no other evidence to connect the applicant

herein with the offence punishable under Section 376 of

the Indian Penal Code.

5. Learned Advocate for the applicant on instructions states

that the applicant is ready and willing to abide by all the

conditions, including imposition of conditions with regard

to the 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 the applicant-accused to

oppose such application on merits may be kept open.

6. In the result, the present application is allowed by

directing that in the event of arrest of the applicant herein

in connection with FIR registered as C.R.No. I-30/2017

with Gir Gadhada Police Station, Gir Somnath, 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 :

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(a) shall cooperate with the investigation and make himself

available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on

5th JULY, 2017 between 11.00 AM and 02.00 PM;

(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/them from disclosing such

facts to the court or to any police officer;

(d) shall not obstruct or hamper the police investigation

and shall 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 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;

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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 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. The petition is allowed

accordingly. Rule is made absolute in the aforesaid terms.

Direct service is permitted.

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Sd/-
(A.Y. KOGJE, J.)
Caroline

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