ASRAF Siraz Dolati vs State Of Gujarat

Vipul M. Pancholi, J

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantÂaccused has prayed for anticipatory

bail in connection with the FIR being C.R.No.Iâ€"66 of 2019 registered with Godhra ‘B’ Division Police Station, District: Panchmahal, for the

offenses punishable under Sections 420, 465, 467, 468, 471, 477, 120B and 114 of the Indian Penal Code.

Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary.

He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

Learned advocate for the applicant on instructions states that the applicant is 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 his remand. He further submit that

upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

Learned Additional Public Prosecutor appearing on behalf of the respondent â€" State and learned advocate Mr.M.M. Tirmizi for the original first

informant have opposed grant of anticipatory bail looking to the nature and gravity of the offence.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant

anticipatory bail to the applicant.

This Court has considered following aspects,

(a) the applicant is shown as original accused No.4 in the FIR in question;

(b) it is submitted that original accused No.1 has sold the land in question to original accused No.5 and both the coÂaccused have been enlarged on

bail;

(c) it is further submitted that recently, the Sessions Court has enlarged original accused No.2 on anticipatory bail. Copy of the said order is placed on

record;

(d) I have considered the submissions canvassed by the learned advocate for the applicant. I have also perused the role attributed to the applicant;

(e) revenue proceedings are pending before the concerned revenue authority with regard to the land in question; and

(f) looking to the overall facts and circumstances of the present case, this Court is inclined to exercise discretion in favour of the applicant.

This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs.

State of Maharashtra and Ors., reported at [2011] 1 SCC 694 ,wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution

Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.

In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with a FIR

being C.R.No.Iâ€"66 of 2019 registered with Godhra ‘B’ Division Police Station, District: Panchmahal, on his executing a personal bond of

Rs.10,000/Â​ (Rupees Ten Thousand Only) with one surety of like amount on the 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 24.01.2020 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 his residence till

the final disposal of the case till further orders;

(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial

court within a week; and

(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would

decide it on merits;

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.

At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted.