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CR.MA/6555/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6555 of 2011
=========================================================
LALBHAI
GHANSHYAMSINH PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
H A SHAH for
Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
Rule.
Mr R.C.Kodekar, learned APP waives service of notice of Rule on
behalf of the State.
This
Application has been preferred under Section 438 of the Code of
Criminal Procedure, praying for anticipatory bail, in connection with
CR I-94/2011 registered with Madhupura Police Station, Ahmedabad for
the offences punishable under Sections 363, 366 read with Section 114
of the Indian Penal Code.
Heard
learned counsel Mr.Shah appearing for the applicant-accused and
learned APP Mr.Kodekar for the State.
Prima
facie, it appears that the applicant-accused and the victim girl
eloped as there appears to be some relations between them. It also
appears that they are first cousins and the victim girl has been
betrothed with one another boy. It is admitted by the father in the
F.I.R. that the applicant-accused wants to get married to his
daughter but as she is already betrothed to one another boy, they
would not like to break the betrothal. However, in the F.I.R. itself
the first informant has made it clear that he has lodged the F.I.R.
after 11 days only because he apprehended some problem at the end of
the accused applicant. In this view of the matter, I am persuaded to
exercise my discretion in favour of the applicant – accused,
taking into consideration the following aspects:-
(a)
The accused-applicant and the girl are first cousins. Father of the
accused-applicant and the mother of the victim girl are brother and
sister.
(b)
There appears to be some intimacy between each other. Of course, the
fact has been denied by the victim girl.
(c)
There is a delay of about 11 days in lodging the F.I.R. and the same
has been lodged only on apprehension of some problem once again at
the end of the accused-applicant.
(d) Investigation
is practically over.
Taking
into consideration the relevant aspects referred to above and further
taking 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 Hon’ble Supreme Court
reiterated the law laid down by the constitutional Bench in the case
of Shri Gurubaksh Singh Sibbia & Ors. (1980) 2 SCC 565,
the accused – applicant, namely, Lalbhai Ghanshyamsinh
Parmar is ordered to be enlarged on anticipatory bail in the
event of his arrest in connection with the offence registered with
Madhupura Police Station, Ahmedabad vide I-CR No.94/2011, on
furnishing bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with
one surety of like amount to the satisfaction of the trial Court, on
the following conditions that :-
[A] he
shall cooperate with the investigation and make himself available for
interrogation whenever required.
[B] he
shall not enter the revenue limits of Ahmedabad city till the
conclusion of the trial.
[C] he
shall remain present at the concerned Police Station on 20th
May 2011 between 10 a.m. and 2 p.m. and mark his presence before the
concerned Police Station twice in a month on every 2nd and
4th Saturday till the filing of the charge-sheet;
[D] he
shall not hamper the investigation in any manner nor he 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;
[E] he
shall, at the time of execution of bond, furnish his address to the
Investigating Officer and the Court concerned and shall not change
his residence till the final disposal of the case or till further
orders;
[F]
he will not leave India without the permission of the Court and, if
he holds a Passport, he shall surrender the same before the trial
Court within a week;
[G] 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.
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.
With
these directions, the Application is allowed. Rule is made absolute.
Direct Service is permitted.
(J.B.Pardiwala,
J.)
/moin
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