Gujarat High CourtKhengarbhai Jadavbhai Gohil & 4 vs State Of Gujarat on 5 January, 2016Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/24606/2015                                              ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 24606
                                           of 2015

         ==========================================================
                   KHENGARBHAI JADAVBHAI GOHIL & 4....Applicants
                                    Versus
                         STATE OF GUJARAT....Respondent
         ==========================================================
         Appearance:
         MR VC VAGHELA, ADVOCATE for the Applicants.
         MR LB DABHI, LD.ADDL.PUBLIC PROSECUTOR for the Respondent.
         ==========================================================
                 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                     Date : 05/01/2016


                                      ORAL ORDER1.           Mr.Champaneri, learned advocate is permitted to file
         his appearance on behalf of the original complainant on or before
         08/01/2016.2.           Heard Mr.V.C.Vaghela, learned advocate for the
         applicants    and      Mr.L.B.Dabhi,        learned        Additional           Public
         Prosecutor for the respondent-State and Mr.Champaneri,
         learned advocate for the original complainant.3.           By way of the present application underSection
         438of the Code of Criminal Procedure, 1973, the applicants -
         original accused have prayed to release them on anticipatory
         bail in case of their arrest in connection with the FIR being
         C.R.No.I- 79 of 2015 registered with Tarapur Police Station,
         District: Anand, for the offences punishable underSections
         409,406,420,467,468,471,114,120(B), etc. of the IndianPage 1 of 5HC-NIC                                 Page 1 of 5      Created On Tue Jan 05 23:40:25 IST 2016
                   R/CR.MA/24606/2015                                                  ORDER



         Penal Code.4.              Mr.V.C.Vaghela,            learned           advocate            for           the
         applicants submits that the nature of allegations are such for
         which custodial interrogation at this stage is not necessary.
         Besides, the applicants are available during the course of
         investigation and will not flee from justice. In view of the
         above, the applicants may be granted anticipatory bail.Learned advocate for the applicants on instructions
         states that the applicants are ready and willing to abide by all
         the conditions including imposition of conditions with regard
         to powers of Investigating Agency to file an application before
         the competent Court for their remand. He would further
         submit     that      upon     filing      of     such        application            by         the
         Investigating Agency, the right of applicants-accused to
         oppose such application on merits may be kept open.5.              Learned Additional Public Prosecutor appearing on
         behalf     of    the     respondent-State             has      opposed           grant          of
         anticipatory bail looking to the nature and gravity of the
         offence.6.              I have heard learned advocates appearing on
         behalf of the respective parties and considered the allegations
         leveled against the present applicants in the FIR and also
         considered the role attributed to the present applicants. I
         have perused the orders passed by this Court while releasing
         the co-accused on anticipatory bail. I have also perused the
         order dated 30/09/2015 passed by the Director, Agriculture
         Produce Market Committee, State of Gujarat, Gandhinagar, by
         which the matter is remanded to the District Registrar and hePage 2 of 5HC-NIC                                    Page 2 of 5         Created On Tue Jan 05 23:40:25 IST 2016
                 R/CR.MA/24606/2015                                            ORDER



         has been asked to give an opinion after taking measurement
         and the work done with regard to the disputed construction
         and final payment shall to be made.It appears that the applicants were elected as the
         members of the market committee in the last term and
         applicant Nos.1, 2 and 6 are even today elected as the
         members of the managing committee. Since the matter is
         remanded to the District Registrar and no report has been
         supplied by the District Registrar, at this stage the present
         application is entertained. It is made clear that it would be
         open for the Investigating Agency to arrest the applicants
         after giving 15 days notice, if implicating material is collected
         during the investigation.7.          Having heard the 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, 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 Hon'ble Apex Court in the case ofSiddharam Satlingappa Mhetre v. State of Maharashtra
         and Ors.reported in (2011)1 SCC 694, wherein the Hon'ble
         Apex Court reiterated the lawlaid down bythe Constitutional
         Bench in the case of Shri Gurubaksh Singh Sibbia & Ors.,
         reported in (1980)2 SCC 565.8.          Learned counsel for the parties do not press for
         further reasoned order.Page 3 of 5HC-NIC                               Page 3 of 5      Created On Tue Jan 05 23:40:25 IST 2016
                 R/CR.MA/24606/2015                                                 ORDER9.          In the result, the present application is allowed by
         directing that in the event of applicants herein being arrested
         pursuant to FIR being C.R.No.I- 79 of 2015 registered with
         Tarapur Police Station, District: Anand, the applicants
         shall be released on bail on furnishing a personal bond of
         Rs.25,000/- each (Rupees Twenty Five Thousands only) with
         one local surety of like amount, on the following conditions:(a)    shall cooperate with the investigation and make
                     themselves available for interrogation whenever
                     required;(b)    shall remain present at the concerned Police
                     Station on 08/01/2016 between 11:00 a.m. and
                     2:00 p.m.;(c)    shall      not    directly       or       indirectly          make          any
                     inducement, threat or promise to any person
                     acquainted with the fact of the case so as to
                     dissuade him from disclosing such facts to the
                     Court or to any police officer;(d)    shall       not   obstruct          or      hamper            the       police
                     investigation and not to play mischief with the
                     evidence collected or yet to be collected by the
                     Police;(e)    shall at the time of execution of bond, furnish the
                     address to the Investigating Officer and the Court
                     concerned and shall not change their residence till
                     the final disposal of the case or till further orders;(f)    shall not leave India without the permission of the
                     Court and, if having passports shall surrender thePage 4 of 5HC-NIC                                  Page 4 of 5        Created On Tue Jan 05 23:40:25 IST 2016
                   R/CR.MA/24606/2015                                            ORDER



                       same before the Trial Court within a week.10.           Despite this order, it would be open for the
         Investigating Agency to file an application for police remand
         of the applicants to the competent Magistrate, if he thinks it
         just and proper and learned Magistrate would decide it on
         merits. 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 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 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.11.           At the trial, the Trial Court shall not be influenced
         by the prima facie observations made by this Court while
         enlarging the applicants on bail. Rule is made absolute to the
         aforesaid extent.Direct service is permitted.[A.J.DESAI, J.]


         *diptiPage 5 of 5HC-NIC                                 Page 5 of 5      Created On Tue Jan 05 23:40:25 IST 2016