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2022 DIGILAW 706 (GUJ)

SOLANKI MANUBHAI BABUBHAI v. STATE OF GUJARAT

2022-05-25

SAMIR J.DAVE

body2022
ORDER : 1. By way of this appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. I-11188004220204 of 2022 with Dhansura Police Station, Arvalli for the offenses punishable under Sections 143, 147, 341, 504, 506(2) of the Indian Penal Code and under sections 3(1)(r), 3(1)(s), 3(1)(s), 3(1)(za) (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 135 of the Gujarat Police Act. 2. Learned advocate for the appellants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the appellants are available during the course of investigation and will not flee from justice. In view of the above, the appellants may be granted anticipatory bail. 3. Learned advocate for the appellants on instructions states that the appellants are ready and willing to abide by all the conditions including imposition of conditions with regard to 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 appellants accused to oppose such appeal on merits may be kept open. 4. 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. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. Having heard the learned advocate for the parties and perusing the investigating papers and as well as taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the appellants. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others, (2011) 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia and Others, (1980) 2 SCC 665 . 7. 7. In the result, the present appeal is allowed by directing that in the event of appellants herein being arrested pursuant to FIR registered at C.R. No. I-11188004220204 of 2022 with Dhansura Police Station, Arvalli the appellants shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees ten thousand only) each with one surety of like amount on the following conditions that they: (a) shall cooperate with the investigation and make themselves available for interrogation whenever required. (b) shall remain present at concerned Police Station after a period of one week from the date of passing of this order between 11.00 a.m. and 2.00 p.m. (c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the court or to any police officer. (d) shall 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) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change their residences 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. (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. (h) shall not enter in village Navalpur, Taluka Dhansura, District Aravalii till the charge-sheet is filed. 8. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the appellants. The appellants 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 appellants, 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 appellant on bail. 10. Rule is made absolute to the aforesaid extent. Appeal is disposed of accordingly. Direct service is permitted.