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Gujarat High Court · body

2017 DIGILAW 1859 (GUJ)

Karshanbhai Mepabha Vada v. State of Gujarat

2017-12-01

S.H.VORA

body2017
ORAL ORDER : S.H. VORA, J. As per office note dated 1.12.2017, it appears that inadvertently, on 22.11.2017, order of regular bail has been passed though the matter pertained to anticipatory bail. Under the circumstances, order dated 22.11.2017 passed in Criminal Misc. Application No. 26605 of 2017 granting regular bail to the applicant accused instead of anticipatory bail is hereby recalled and following order is passed. “1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R. No. I-75 of 2017 registered with Babra Police Station. 2. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. 4. Heard the learned Advocates for the respective parties and perused the papers. 5. Considering the report dated 16.10.2017 placed on record, it appears that there is no allegation as to forgery of any documents alleged to have been done by the present applicant and so also u/s 363 and 366 of the IPC and u/s 18 of the POCSO Act and therefore, present application deserves consideration since his role is only confined to registration of the marriage performed between the daughter of the complainant and accused No. 1. Therefore, in view of the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra reported in (2011) 1 SCC 694 , present application deserves consideration. 6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R. No. I-75 of 2017 registered with Babra Police Station, the applicant shall be released on bail on furnishing a personal bond of Rs. 6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R. No. I-75 of 2017 registered with Babra Police Station, the applicant shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the applicant shall: (a) cooperate with the investigation and make 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 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 residence till the final disposal of the case till further orders; (e) 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; 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. 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. 9. Rule is made absolute. Direct service is permitted.” 2. 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. 9. Rule is made absolute. Direct service is permitted.” 2. With this, Office Note stands disposed of. Office is directed to issue fresh writ accordingly. Direct service permitted.