Gujarat High Court Case Information System
Print
CR.MA/4643/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4643 of 2011
=========================================================
VISHNUKUMAR
RATHI S/O MUKUND DAS RATHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
CHETAN K PANDYA for
Applicant(s) : 1 - 2.
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/04/2011
ORAL
ORDER
Heard
Learned Counsel Mr. S.V. Raju with learned Advocate Mr. Chetan K.
Pandya and Mr. A.J. Desai learned APP for the respondent –
State.
Additional
affidavit dated 04.04.2011 is filed by one of the applicants and is
taken on record. It is submitted that as per the above affidavit,
records pertaining to residence of applicants at Gandhinagar is
produced on record which contain ration card, sale deed of the
residence, telephone and electricity bills, Gas Connection receipts
and other certificate about registration of proprietary concern
“Techno shop” (under the Shops and Establishment Act)
and therefore, it is submitted that the applicants are permanent
residents in the State of Gujarat.
Mr. S.V.
Raju learned Counsel for the applicants would submit that as per the
decision of this Court in the case of Neela J. Shah V. State
of Gujarat, 1998 1 G.L.H. 594 (Coram : Hon’ble Mr. Justice
N.N. Mathur as his Lordship then was), Full Bench decision of the
Madhya Pradesh High Court in the case of Nirbhay Singh and
another V. The State of Madhya Pradesh, 1995 CRI. L.J. 3317,
decision of the Bombay High Court in the case of Akhalaq Ahmed
F. Patel V. State of Maharashtra, 1998 CRI. L.J. 3969 and
the decision of the Hon’ble Supreme Court in the case of Ravindra
Saxena V. State of Rajasthan, (2010) 1 SCC 684 where it is
held that powers under Section 438 with regard to grant of
anticipatory bail can be exercised after either summons or warrant
is issued by the Magistrate and even in a successive anticipatory
bail. In view of the above decisions, it is submitted that the
applicants would take appropriate course of action in accordance
with law before the competent Court but meanwhile, their freedom and
liberty as enshrined under Articles 19 and 21 of the Constitution of
India is sought to be taken away by the impugned order dated
28.03.2011 passed by the learned Judicial Magistrate First Class,
Court No.31, Jaipur City, Jaipur and till then they may be
protected. It is further submitted that the applicants are ready
and willing to co-operate with the investigation and at this stage,
this Court would only consider the case of the applicants for
transitory bail. However, discussion on merit of the impugned order
is not be gone into.
Considering
the above decisions and law laid therein and by imposing suitable
conditions, I am of the view that till the applicants approach the
Court of competent jurisdiction, it is necessary that their freedom
and liberty be protected by exercising powers in their favour and
accordingly, transitory bail is granted to the applicants for a
period of two (2) weeks from today and meanwhile, the applicants
shall approach the competent Court having jurisdiction for further
remedy in accordance with law.
This
application is allowed to the aforesaid extent with a condition that
the applicants shall approach the Court of competent jurisdiction
within fifteen (15) days from today and till then the applicants
shall not be arrested qua the impugned order dated 28.03.2011 passed
by the learned Judicial Magistrate First Class, Court No.31, Jaipur
City, Jaipur and applicants are accordingly, granted temporary
transitory bail. It is made clear that if the applicants fail to
comply with the above conditions and do not approach the Court of
competent jurisdiction, the order impugned dated 28.03.2011 shall
operate. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
Top