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2017 DIGILAW 1159 (GUJ)

Kishorbhai Damodardas Tilavat v. State of Gujarat

2017-07-03

A.Y.KOGJE

body2017
ORDER : A.Y. KOGJE, J. This is an application by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of their arrest in connection with FIR registered at C.R No. I-57 of 2017 before Thorada Police Station, Rajkot for the offence under Sections 306, 506(2) and 114 of the Indian Penal Code. 2. Learned advocate appearing on behalf of the applicants would submit that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. 3. On the other hand, the learned APP appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicants looking to the nature and gravity of the offence. 4. I have heard the learned Advocates appearing for the respective parties and perused the investigation papers and have also taken into consideration the facts of the case, nature of allegations, role attributed to the applicants-accused and without discussing the evidence in detail, at this stage, I am 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. as reported at (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. 5. Following aspects are also considered:— I. No specific allegations are made in the FIR to indicate role of each of the accused. II. One of the accused persons is wife of the deceased, who has reportedly given birth to twince and after incurring huge expenditure, none of the twince could survive. 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. 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, the present application is allowed by directing that in the event of arrest of the applicants herein in connection with FIR registered at C.R No. I-57 of 2017 before Thorada Police Station, Rajkot, the applicants shall be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) each with one surety of the like amount on the following conditions that they shall: (a) cooperate with the investigation and make himself available for interrogation whenever required; (b) remain present at the concerned Police Station on 06.07.2017 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/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 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 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. 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. 10. Direct service is permitted.