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Gujarat High Court · body

2017 DIGILAW 1434 (GUJ)

Himanshu Babubhai Patel v. State of Gujarat

2017-09-01

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. Heard learned Advocate for the applicants and learned APP for the respondent State. 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 420, 465, 467, 468 and 471 of the Indian Penal Code for which FIR came to be registered at C.R No. I-159 of 2017 with Anand Town Police Station. 3. Learned advocate appearing on behalf of the applicants upon instruction submitted that at this stage without contesting the case, the petitioners would be undertaking on affidavit before this Court to repay the entire outstanding loan amount in the bank concerned within a period of four weeks from today. Learned counsel further submitted that the petitioners are young boys aged between 26 to 36 years and that they would ensure in their undertaking that they would not repeat the similar offences henceforth. 4. On the other hand, the learned APP appearing for the respondent-State has opposed this application to the nature and gravity of the offence. 5. 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 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. Having considered the rival contentions, it is only with a view to give an opportunity to the petitioners to improve their conduct and not to indulge in any other activity of severe nature, this Court deems fit appropriate to exercise jurisdiction under Section 438 of the Criminal Procedure Code and admits the petitioners to bail on anticipation of their arrest. 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. I-159 of 2017 with Anand Town Police Station, the applicants shall be released on bail on their furnishing a personal bond of Rs. 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. I-159 of 2017 with Anand Town Police Station, the applicants shall be released on bail on their furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) each with one surety each of the like amount on the following conditions that they shall: (a) file an undertaking before this Court on affidavit stating before this Court that they will deposit the entire outstanding loan amount as indicated by the investigating officer in his purshis within a period of four weeks from today. The petitioners shall comply with such undertaking and would actually make the entire deposit as indicated above within a period of four weeks from today; (b) cooperate with the investigation and make themselves available for interrogation whenever required; (c) remain present at the concerned Police Station on 06.09.2017 between 11.00 a.m and 2.00 p.m; (d) 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; (e) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (f) 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; (g) 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 (h) 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. 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. 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 applicant on bail. 10. Since the jurisdiction is exercised by this Court while relying upon the statement made by the learned counsel for the petitioner as above in the event of noncompliance of the statements/undertaking or commission of similar offence subsequent to the date of this order, this order shall stand automatically revoked and it would be open for the investigator to arrest the petitioners if so required. It is made clear that the arrangement is made without prejudice to the rights and contentions of the parties. 11. Rule is made is made absolute. Direct service is permitted.