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CR.MA/14857/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14857 of 2011
=========================================================
BHOLABHAI
VALJIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ND NANAVATI, SENIOR COUNSEL with MR HRIDAY BUCH
for
Applicant(s) : 1,
MS CHETNA SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/11/2011
ORAL ORDER
1. This is an application
for anticipatory bail under Section 438 of the Code of Criminal
Procedure in connection with the FIR bearing CR No. I-791 of
2007 registered with Amraiwadi Police Station, for the offences
punishable under Sections 466, 467, 468, 471 and 114 of the IPC.
2. Heard
Mr.N.D.Nanavati, learned Senior Counsel appearing for Mr.Hriday Buch,
for the applicant. Mr.Nanavati has submitted the dispute in question
is already settled before the Civil Court. He has submitted that
looking to the prayer of the Civil Suit filed before the learned
Civil Judge and the contents of the present application and
complaint, it is prima facie established that alleged offence was
registered before the police against the present applicant and then
it is settled between the parities. Hence there is no question of
arrest, re-arrest, interrogation or investigation. He has therefore
prayed that the applicant may be granted anticipatory bail.
3. Heard
Ms.Chetna Shah, learned APP for the respondent State. Ms.Shah has
vehemently opposed the present application.
4. It appears that
compromise is made by the parties before the learned Civil Judge and
dispute in question is settled. Having heard learned counsel for the
parties and perusing the record of the case and taking into
consideration the facts of the case, I am inclined to grant
anticipatory bail to the applicant. This Court has also taken into
consideration the law laid down by the Apex Court in the case of
Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.,
reported in (2011) 1 SCC 694, wherein the Apex Court reiterated
the law laid down by the Constitutional Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors., reported in (1980) 2 SCC 565.
5. The application is
allowed. The applicant is granted anticipatory bail in the event of
his arrest in connection with CR No. I-791 of 2007 registered
with Amraiwadi Police Station for the offences as alleged in FIR on
his executing a bond of Rs.10,000/- [Rupees Ten thousand only] with
one surety of the like amount on the following conditions that he
shall:
[a] co-operate with the
investigation and make himself available for interrogation whenever
and wherever required.
[b] shall remain present
at the concerned Police Station on 11.11.2011 at 11.00 AM ;
[c] shall not hamper the
investigation in any manner nor shall directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to any police officer;
[d] at the time of
execution of bond, furnish him residential 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] not leave State of
Gujarat without the permission of the Court and, if holding a
passport, he shall surrender the same before the Trial Court within a
week;
[f] not obstruct or hamper
the police investigation and not play mischief with the evidence
collected or yet to be collected by the police;
6. It would be open to the
Investigating Officer to file an application for remand if he
considers it proper and just; and the competent Court would decide it
on merits.
7. At the trial, the Trial
Court shall not be influenced by the observations of preliminary
nature, qua the evidence at this stage, made by this Court while
enlarging the applicant on bail.
8. The applicant is
permitted to obtain regular bail as per the established provision of
law, within suitable time.
9. Rule made absolute.
Direct service is permitted.
(Z.K.SAIYED, J.)
kks
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