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CR.MA/4865/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4865 of 2011
=========================================
CHAUHAN
THANSINH BHARATSINH & 2
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
YM THAKORE for Applicant(s) : 1 - 3.
MR. A.J.DESAI, APP for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/04/2011
ORAL
ORDER
It
is submitted that the Applicant No.1 is a Sarpanch and Applicant
No.2 is serving as Primary Teacher in the District at Banaskantha
and Applicant No.3 is agriculturist.
Initially,
when the injured was referred to the Medical Officer at Satlasana,
in a history given by himself, none of the Applicants’ name was
referred. One of the main injury alleged to have been inflicted by
one Vanraj Singh by a dharia blow
and other injuries are about contusion, abrasion, and fracture of
Alna. It is further submitted that the Applicants are available for
investigation and they have deep roots in the society. It is
therefore submitted that in view of the above, the Applicants may be
granted anticipatory bail.
Heard
learned APP for the Respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the Applicants and punishment
prescribed for the alleged offences, without discussing the evidence
in detail at this stage, I am inclined to grant anticipatory bail to
the Applicants.
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.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of Applicants herein being arrested pursuant to FIR being I-CR
No. 14 of 2011 registered with Satlasana Police Station for the
offences punishable under Sections 147, 148, 149, 324, 323 and 504
of the Indian Penal Cod3, the Applicants shall be released on bail
on furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each
with one surety of the like amount on following conditions:
(a) shall
cooperate with the investigation and make themselves available for
interrogation whenever required.
(b) shall
remain present at concerned Police Station on 19.4.2011 between
11:00 am to 2:00 pm.
(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 are
holding a Passports, shall surrender the same before the trial Court
immediately.
(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) 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 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.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Anant
S. Dave,J)
Jayanti*
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