R/CR.MA/20201/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 20201 of
2017
SAIDABEN W/O MAKBULKHAN JAMDADKHAN PATHAN 3….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR. ABHISHEK A JOSHI, ADVOCATE for the Applicant(s) No. 1 – 4
MR LR POOJARI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 06/09/2017
ORAL ORDER
1. Heard learned Advocate for the applicants and learned APP for
the respondentState.
2. This application is filed seeking bail under Section 438 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 498A, 504, 506(2) and 114 of the Indian Penal Code for
which FIR came to be registered at C.R. No.I 44 of 2017 with Malpur
Police Station.
3. Learned advocate appearing on behalf of the applicants would
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submit that considering the nature of offence, the applicants may be
enlarged on anticipatory bail by imposing suitable conditions.
4. On the other hand, the learned APP appearing for the
respondentState has opposed this application to the nature and gravity
of the offence.
5. Considering the nature of accusation against the petitioners and
in absence of any apprehension of the petitioners tampering with the
evidence, threatening the witnesses, fleeing from justice, the case for
admitting the petitioners to bail is made out.
6. Learned Advocate for the applicants on instructions states that
the applicants are ready and willing to abide by all the conditions,
including impositions 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 applicants accused
to oppose such application on merits may be kept open.
7. In the result, this application is allowed. It is directed that in the
event of arrest of the applicants herein in connection with FIR registered
at C.R. No.I44 of 2017 with Malpur Police Station, the applicants shall
be released on bail on their furnishing a personal bond of Rs.10,000/
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(Rupees ten thousands only) each with one surety each of the like
amount on the following conditions that they shall:
(a) cooperate with the investigation and make themselves
available for interrogation whenever required;
(b) not directly or indirectly make any inducement, threat or
promise to any person acquainted with the fact of the case
so as to dissuade them from disclosing such facts to the
court or to any police officer;
(c) not obstruct or hamper the police investigation and not
to play mischief with the evidence collected or yet to be
collected by the police;
(d) 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;
(e) 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
(f) 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;
8. Despite this order, it would be open for the Investigating Agency
to apply to the competent Magistrate, for Police remand of the
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applicants. 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
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 is made absolute. Direct service is permitted.
(G.R.UDHWANI, J.)
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