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R/CR.MA/7429/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7429 of 2011
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RONAK
HARESHBHAI PATEL....Applicant(s)
Versus
PUBLIC
PROCECUTOR....Respondent(s)
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Appearance:
MR
DHARMESH R PATEL as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 09/06/2011
ORAL
ORDER
1.
Rule. Learned APP, Mr.J.K.Shah, waives service
of notice of Rule on behalf of the State.
2.
The accused-applicant pray for anticipatory bail in connection with
offences registered with Modasa Police Station, District
Sabarkantha vide C.R.No.I- 22 of 2011 for offences punishable under
Sections 292, 294, 328, 384, 354, 506(2) and 114 of the IPC and
section 67 of the IT Act, 2000.
3. On
08.06.2011, the matter was adjourned for today, to enable learned APP
Mr.Shah to seek necessary instructions as regards stage of
investigation and whether custodial interrogation of the present
applicant – accused is necessary or not. In response to this, Deputy
Police Superintendent, Modasa Division, Modasa personally remained
present today and informed that custodial interrogation of the
accused applicant is not required.
4.
Heard learned Senior Counsel Mr Nanavati for the accused-applicant
and Mr Shah, learned APP for the State. Perused the FIR. The parties
do not press for a reasoned order.
5.
Considering the role ascribed to the accused applicant and the
nature of allegations levelled against the accused-applicant in the
FIR, I am persuaded to exercise my discretion in favour of the
accused-applicant taking into consideration the following aspects :-
(1)
The offences are magistrate triable offences except Section 328,
which I am informed that I.O. had filed a report before the learned
Magistrate for deletion of the same due to deficient and complete
lack of evidence but the report has not been accepted by the learned
Magistrate for the present.
(2)
Investigation is practically over;
(3)
No past antecedents and no criminal history;
(4)
Accused is a boy aged about 22 years.
(5)
Prima facie it appears from the applications Exh.4 and 8 annexed with
the paper book at pages 31 to 34, preferred by the Deputy
Superintendent of Police, Modasa Division, Modasa before the JMFC,
Modasa that investigating agency itself is in doubt as regards
genuineness of the entire case of the prosecution more particularly
allegations which have been levelled by the first informant.
6.
I am of the view that the interest of the prosecution can be
secured by imposing some stringent conditions.
7.
In this view of the matter, accused-applicant is ordered to be
released on anticipatory bail in the event of his arrest in
connection with offences registered with Modasa Police Station,
District- Sabarkantha vide C.R.No.I-22 of 2011 on his furnishing a
bond of Rs.10,000/- (Rupees Ten Thousand Only) with solvent surety of
like amount on following conditions that he:
[A]
shall cooperate with the investigation and make himself available for
interrogation whenever required.
[B]
shall remain present at the concerned Police Station on
13th June, 2011 between 9 a.m. to 2 p.m ;
[C]
shall not hamper the investigation in any manner nor shall directly
or indirectly make any inducement, threat or promise to any witness
so as to dissuade them from disclosing such facts to the Court or to
any Police Officer;
[D]
shall at the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[E]
will not leave India without the permission of the Court and, if is
holding a Passport, shall surrender the same before the trial Court
within a week;
[F]
It would be open to the Investigating Officer to file an application
for remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
[G)
shall not enter the revenue limits of Modasa town till the trial
commences except for the purpose of marking presence at the Modasa
Police Station. However, it is clarified that applicant is student
studying in M.Pharm (Quality Assurance) Sem- II. He shall entire
town of Modasa only for the purpose of appearing in the internal
examinations which will be conducted by the College including theory
and practical examinations.
(H)
It is assured by Mr.Nanavati, learned Senior Advocate appearing for
the applicant accused that on the date when accused applicant shall
appear before the Investigating Officer for the purpose of
interrogation, he shall hand over mobile which was alleged to have
been used in commission of offence.
8.
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.
9. It
goes without saying that any observations touching the merits of the
case are purely for the purpose of deciding
the question of grant of bail and shall not be construed as
an expression of the final opinion in the main matter.
10.
With these directions, application is allowed. Rule is made
absolute. Direct Service is permitted.
(J.B.PARDIWALA,
J.)
satish
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