R/CR.MA/19584/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19584 of 2018
PATEL SENDHABHAI KESHAVLAL
Versus
STATE OF GUJARAT
Appearance:
MR PRATIK B BAROT(3711) for the PETITIONER(s) No. 1,2
MR. MITESH PATEL PUBLIC PROSECUTOR(2) for the RESPONDENT(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 15/10/2018
ORAL ORDER
[1] Rule. Learned Public Prosecutor waives
service of notice of Rule on behalf of the
respondentState of Gujarat.
[2] By way of the present application under
Section 438 of the Code of Criminal Procedure, 1973,
the applicants – original accused have prayed to
release them on anticipatory bail in case of their
arrest in connection with the FIR being C.R.No.I113
of 2018 registered with Kadi Police Station,
District: Mehsana for the offence punishable under
Sections 306, 498A and 114 etc. of the Indian Penal
Code.
[3] Learned advocate for the applicants submits
that the nature of allegations are such for which
custodial interrogation at this stage is not
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necessary. Besides, the applicants are available
during the course of investigation and will not flee
from justice. In view of the above, the applicants
may be granted anticipatory bail.
Learned advocate for the applicants on
instructions states that the applicants are ready and
willing to abide by all the conditions including
imposition of conditions with regard to 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 applicantsaccused
to oppose such application on merits may be kept
open.
[4] Learned Public Prosecutor appearing on
behalf of the respondentState has opposed grant of
anticipatory bail looking to the nature and gravity
of the offence.
[5] I have heard learned advocates appearing on
behalf of the respective parties and perused the
papers of investigation. Taking into consideration
that the general allegations are made against the
present applicants and no specific role and proximate
cause is revealing.
[6] Having heard the learned counsel for the
parties and perusing the record of the case and
taking into consideration the facts of the case,
nature of allegations, role attributed to the accused
and punishment prescribed for the alleged offences,
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without discussing the evidence in detail, at this
stage, this Court is inclined to grant anticipatory
bail to the applicants. This Court has also taken
into consideration the law laid down by the Hon’ble
Apex Court in the case of Siddharam Satlingappa
Mhetre v. State of Maharashtra and Ors. reported in
(2011)1 SCC 694, wherein the Hon’ble Apex Court
reiterated the law laid down by the Constitutional
Bench in the case of Shri Gurubaksh Singh Sibbia
Ors., reported in (1980)2 SCC 565.
[7] In the result, the present application is
allowed by directing that in the event of applicants
herein being arrested pursuant to FIR being C.R.No.I
113 of 2018 registered with Kadi Police Station,
District: Mehsana the applicants shall be released on
bail on furnishing a personal bond of Rs.10,000/
each (Rupees Ten Thousand only) with one local surety
of like amount, on the following conditions that
they:
(a) shall cooperate with the investigation and
make themselves available for interrogation
whenever required;
(b) shall remain present at the concerned
Police Station on 22.10.2018 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
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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 their residence till the final
disposal of the case or till further
orders;
(f) shall not leave India without the
permission of the Court and, if having
passports shall surrender the same before
the Trial Court within a week.
[8] Despite this order, it would be open for
the Investigating Agency to file an application for
police remand of the applicants to the competent
Magistrate, if he thinks it just and proper and
learned Magistrate would decide it on merits. 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 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
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anticipatory bail order.
[9] At the trial, the Trial Court shall not be
influenced by the prima facie observations made by
this Court while enlarging the applicants on bail.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(R.P.DHOLARIA, J)
MANOJ KUMAR
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