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Gujarat High Court · body

2014 DIGILAW 904 (GUJ)

Thakkar Harshdkumar Mailal v. State of Gujarat

2014-08-11

A.J.DESAI

body2014
ORDER : A.J. Desai, J. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at CR No. II289 of 2014 before Mehsana "B" Division Police Station, for the offences punishable under Sections 18(a)(vi) and 18(c) of the Drugs and Cosmetics Act, 1940. 2. Heard the learned counsel for the parties and perusing the record of the case, additional affidavit in support of the application filed by the applicant and taking into consideration the facts of the case, nature of allegations, role attributed to the 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 v. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of case of e case of case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665 . 3. In the result, the present application is allowed by directing that in the event of arrest of the applicant herein in connection with the FIR registered at CR No. II289 of 2014 before Mehsana "B" Division Police Station, the applicant shall be released on bail on furnishing a personal bond of Rs. 3. In the result, the present application is allowed by directing that in the event of arrest of the applicant herein in connection with the FIR registered at CR No. II289 of 2014 before Mehsana "B" Division Police Station, the applicant shall be released on bail on furnishing a personal bond of Rs. 25,000/( Rupees twenty five thousand only) with one local surety of 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 concerned Police Station on 14.9.2014 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 fact of the case so as to dissuade him 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) 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 it on merits; 4. 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. 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. 5. 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.