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CR.MA/14045/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14045 of 2011
======================================
BODUBHAI
ISMAILBHAI KATARIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
ASHISH M DAGLI for Applicant(s) : 1,
MS CM SHAH ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 15/11/2011
ORAL
ORDER
This
Application is filed under by the applicant under Section 438 of the
Code of Criminal Procedure in connection with CR No.I-245 of 2010
registered with Rajkot Taluka Police Station for the offences
punishable under Sections 406, 420, 467, 468, 471, 120B, 34 and 114
of the Indian Penal Code.
Mr.Dagli,
learned counsel for the applicant, submitted that the applicant is
an innocent person and he has been falsely arraigned in the
commission of the offence. The dispute is of civil nature and the
complainant has filed criminal complaint so as to pressurize the
applicant. He also submitted that co-accused have been released by
this Court. He also submitted that from the bare reading of the FIR,
it appears that there is no role attributed to the applicant. He
prayed to grant anticipatory bail to the applicant.
Learned
APP Ms.Shah strongly opposed the application of the applicant and
submitted that the applicant is involved in serious offence and
therefore, he may not be granted anticipatory bail.
Heard
learned Counsel for the parties. Learned Counsel for the parties do
not press for further reasoned order.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case and the
co-accused have been released by this Court vide order dated
4.3.2011 passed in Criminal Misc. Application No.2392 of 2011 and
order dated 15.3.2011 passed in Criminal Misc. Application No.3339
of 2011, 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.
In
the event of arrest of the applicant in connection with CR No.I-245
of 2010 registered with Rajkot Taluka Police Station for the
offences alleged against him, he shall be released on bail on
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 whenever required;
b) remain
present before the Investigating Officer, Rajkot Taluka Police Police
Station on 18th November, 2011 at 11.00
am.;
c) 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 for disclosing such facts to the Court or to any
Police Officer;
d) at
the time of execution of bond, he shall furnish his 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 India without the permission of the Court and, if is holding a
Passport, surrender the same before the trial Court immediately;
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.
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.
Rule
made absolute. Direct service is permitted.
(Z.
K. Saiyed, J)
ynvyas
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