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CR.MA/3630/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3630 of 2011
=========================================================
BHAGWANDAS
RAMJIBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
Mr.
Yogesh S. Lakhani, Senior Advocate with Mr. D.J. Gondalia for the
applicant
Mr.
K.L. Pandya, APP, for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/03/2011
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first
information report registered at C.R.No.I-39 of 2010 with Patdi
police station for the offences punishable under Sections 465, 467,
468, 471, 365, 344, 120B and 114 of the Indian Penal Code.
Learned
counsel for the applicant submits that the
allegations against the applicant as a lawyer are of identifying the
executor of the documents and the co-accused-Notary was already
enlarged on bail by the trial court and other co-accused were also
enlarged on 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 accused and punishment
prescribed for the alleged offences, and the co-accused
are enlarged on bail, without discussing the
evidence in detail, at this stage, 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.
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 the applicant herein being arrested pursuant to first
information report registered at C.R.No.I-39 of 2010 with Patdi
police station, the applicant shall be
released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of like amount on following
conditions :-
[a] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[b] shall
remain present at concerned Police Station on 25.3.2011 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 is holding a
Passport, 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 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.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
[swamy]
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