R/CR.MA/6793/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 6793 of
2017
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JAVEDKHAN JEEVANKHAN BALOCH....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PANKAJ S CHAUDHARY, ADVOCATE for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 27/03/2017
ORAL ORDER
Rule returnable forthwith. Learned Additional
Public Prosecutor Mr. Ronak Raval waives service of
rule on behalf of the respondent State. In the facts
and circumstances of the case, the present
application was taken up for final consideration
today itself.
2. It is in connection with the First Information
Report bearing Crime Register No. I-6 of 2017
registered with Kakoshi Police Station, Patan, on
08.02.2017 against the present applicant-accused for
the offence under Sections 498A and 306 of the Indian
Penal Code, 1860, that this application under Section
438 of the Code of Criminal Procedure, 1973 is
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presented by the applicant.
3. The first informant stated in the FIR that the
marriage of his sister had taken place before 12
years and there were three children out of the
wed-lock. It was stated that whenever she used to
come to parental house, she had complained about
suspicious nature of her in-laws. It was alleged
that in-laws were quarreling with her. On fateful
day, she died having taken poison. The complainant
stated that he was informed about the incident and he
rushed to Dharpul village, where the victim was
admitted in the hospital.
4. Heard learned advocate Mr. Pankaj Chaudhary for
the applicant and learned APP for the respondent
State.
5. In the FIR itself, a statement has been coming
forth from the complainant that he was told by the
victim that she had been suffering from fever and she
had asked her nephew to bring medicine for fever.
However, by mistake she consumed other medicines,
which was poison. Having noticed the said aspect
emerging from the allegations in the FIR and having
further perused the investigational papers including
dying declaration in the said context and
furtherance, a clear case is made out for grant of
anticipatory bail.
6. The court also took note of the principles laid
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down by the Apex Court in Siddharam Satllingappa
Mhetre vs. State of Maharashtra [AIR 2011 SC 312],
and in Jai Prakash Singh vs. State of Bihar [AIR 2012
SC 1676] and other decisions in which parameters to
be considered by the court for grant of anticipatory
bail have been set out, and applied those parameters
to the facts of the case. Since the court was
inclined to grant anticipatory bail to the applicant-
accused, even as learned APP made submissions to
object the grant of bail, he stated that he would not
invite detailed reasons. Learned advocate for the
applicant also did not press for reasons.
6.1 In the facts and circumstances obtained and for
the reasons recorded above, personal liberty of the
applicant-accused deserves to be accorded primacy
over his forced arrest. The investigational needs
could be balanced by imposing appropriate conditions
to be observed by the applicant-accused including the
condition of keeping the right of the police open to
ask for remand of the applicant-accused, if required.
7. As a result of above facts and aspects, present
application is allowed and it is directed that in the
event of the applicant’s arrest in connection with
the F.I.R. bearing registration No. I-6 of 2017
registered with Kakoshi Police Station, Patan, on
08.02.2017, he shall be released forthwith on
condition of his execution a personal bond of
Rs.25,000/- (Rupees Twenty Five Thousand Only).
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7.1 The anticipatory bail granted by this Court shall
be further governed and regulated by the following
conditions,
[i] The applicant shall cooperate with the
investigation. He will make himself available
for interrogation and for all investigative
purposes whenever required;
[ii] The applicant shall not obstruct the
process of investigation in any manner. He
shall not directly or indirectly induce
threat or extend promise to any witness so as
to dissuade and prevent such witness from
disclosing such facts as may be required, to
the Court or Police Officer;
[iii] The applicant shall at the time of
execution of bond, furnish full address of
his residence and stay to the Investigating
Officer as well as to the Court concerned. He
shall not change the residence without prior
intimation to the Court concerned during the
pendency of the prosecution in the criminal
case;
[iv] The applicant shall not travel beyond
the territory of the State of Gujarat without
prior permission of the Court concerned;
[v] The applicant shall surrender passport,
if any he is holding, before the Court
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concerned immediately;
[vi] The applicant shall appear before
Kakoshi Police Station, Patan on 31.03.2017
between 11.00 am and 02.00 pm.;
[vii] It shall remain open to the
Investigating Officer to seek and file
application for remand of the applicant, if
in his discretion he considers the asking for
remand of the applicant to be just and proper
for the purpose of investigational needs. If
such application for remand is made by the
Investigating Officer, the learned Magistrate
concern would consider the same on merits
without being influenced by the anticipatory
bail granted.
8. It is clarified that despite this order, the
investigating agency is not precluded from applying
before the competent Magistrate for police remand of
the applicant. It is further provided that the
applicant shall remain present before the Magistrate
concerned on the first day of such application, if
made, and on all such subsequent occasions as may be
directed by the learned Magistrate in such
proceedings. This would be sufficient to treat the
accused as in judicial custody for the purpose of
entertaining the application for remand by the
prosecution.
8.1 This liberty available to the prosecution to seek
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remand shall be without prejudice to the rights of
the accused to contend against or to seek stay
against the remand. It is further clarified that the
applicant even if remanded to the police custody,
after completion of the remand period; shall be set
at liberty immediately, subject to other conditions
of this anticipatory bail order, to be complied with.
8.2 It is clarified that the observations made in
this order are for the purpose of granting pre-arrest
protection only. It is further clarified that the
trial court shall not be influenced by any of the
observations made in this order and the same shall be
treated for the purpose of dealing with the present
application only.
9. The present application is allowed in the
aforesaid terms. Rule is made absolute.
Direct service is permitted.
(N.V.ANJARIA, J.)
cmjoshi
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