R/CR.MA/1923/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1923 of
2018
HASMUKHBHAI RAMESHBHAI CHUDASAMA….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR VILAV K BHATIA, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATEL, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/02/2018
ORAL ORDER
1 By way of the present application under Section 438 of the Code
of Criminal Procedure, 1973, the applicant original accused has prayed
to release him on anticipatory bail in the event of his arrest in
connection with the First Information Report being C.R. No.I320 of
2017 registered with the Krishnanagar Police Station, District:
Ahmedabad of the offence punishable under Sections 323, 294B, 498A,
506(2), 406, 420 and 377 read with 114 of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act.
2 The learned advocate appearing on behalf of the applicant would
submit that considering the nature of the offence, the applicant may be
enlarged on anticipatory bail by imposing suitable conditions.
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3 On the other hand, the learned APP appearing on behalf of the
respondentState has opposed this application for grant of 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 the allegations, role
attributed to the applicantaccused, and without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail to the
applicant.
5 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 in [2011] 1 SCC 6941,
wherein the Hon’ble Apex Court reiterated the law laid down by the
Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia
Others, reported in (1980) 2 SCC 665.
6 The learned advocate for the applicant, on instructions, states that
the applicant is ready and willing to abide by all the conditions,
including impositions of conditions with regard to the powers of the
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.
7 In the result, the present application is allowed by directing that in
the event of arrest of the applicant herein in connection with the First
Information Report being being C.R. No.I320 of 2017 registered with
the Krishnanagar Police Station, District: Ahmedabad, the applicant
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shall be released on bail on his furnishing a personal bond of
Rs.10,000/ (Rupees ten thousand 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 7 th
January 2018 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 facts 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
(g) it would be open to the Investigating Officer to file an
application for remand if he considers it just and proper and
the learned Magistrate would decide the same 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 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,
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without prejudice to the rights of the accused to seek stay against an
order of remand if, ultimately, granted, and the powers of the learned
Magistrate to consider such a request in accordance with law.
9 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 the other conditions of this anticipatory bail
order.
10 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. Direct service is permitted.
(J.B.PARDIWALA, J.)
chandresh
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