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2017 DIGILAW 1192 (GUJ)

Naranbhai Harjibhai Desai v. State of Gujarat

2017-07-03

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. This is an application 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-112 of 2017 before Ramol Police Station, Dist.- Ahmedabad for the offence punishable under Sections 406, 420, 467, 468 and 120-Bof the Indian Penal Code. 2. Learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant 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 to the nature and gravity of the offence. 4. This Court has heard the learned Advocates appearing for the respective parties and perused the investigation papers. It appears that the land in subject matter of the civil suit, the complainant himself has stated that he is defendant No. 4 in the said suit and has received the Notice from the Court. Thus, prima facie, it appears that for the land in question, civil suit has arisen on account of execution of various agreement to sale documents, one after the other by the original land owner. Thus, considering the nature of allegations, role attributed to the applicant-accused and without discussing the evidence in detail, at this stage, this Court is inclined to grant anticipatory bail to the applicant. 5. Learned Advocate for the applicant on instructions states that the applicant is 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 their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open. 6. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R No.I-112 of 2017 before Ramol Police Station, Dist.- Ahmedabad, the applicant shall be released on bail on his furnishing a personal bond of Rs. 6. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R No.I-112 of 2017 before Ramol Police Station, Dist.- Ahmedabad, the applicant shall be released on bail on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) with one surety of the 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 the concerned Police Station on 12/07/2017 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 their 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; 7. 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. 8. 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 is made absolute. 9. Direct service is permitted.