Patel Jitabhai Laljibhai vs State Of Gujarat

A.Y. Kogje, J

This application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in

Connection with FIR registered at CRÂ I/11209024210282 /2021 with Jadar Police Station, Sabarkantha for the offence punishable under Sections

408 of the Indian Penal Code.

Learned Advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on

anticipatory bail by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for the respondentÂState has opposed this application and granting

anticipatory bail to the applicant looking to the nature and gravity of the offence.

I have heard the learned advocates appearing for the respective parties, perused the investigation papers and have also taken into consideration the

facts of the case, nature of allegations, role attributed to the applicant accused. Without discussing the evidence in detail, at this stage, I am inclined

to grant anticipatory bail to 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 Others, reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court has reiterated

the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia and others, reported at (1980) 2 SCC 665.

Following aspects are also considered:Â​

I) The applicant has allegedly misappropriated an amount of Rs.51,000/Â by making payment through cheque in favour of one Prafulbhai, who was

administrator of the original owner of the land, which was to be transacted in favour of the society where the applicant is a Chairman.

II) Learned advocate for the applicant, under the instructions, states that without prejudice, the applicant is ready to deposit the entire amount of

ORDER Rs.51,000/Â​ with the Society within stipulated period.

III) Learned advocate for the applicant also states that today itself, the son of the applicant has expired..

VI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicant.

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 the powers of Investigating Agency to file an application before the competent court for his remand. He would further

submit that upon filing of such application by the Investigating Agency, the right of the applicantÂaccused to oppose such application on merits may be

kept open.

In the result, the present application is allowed by directing that in the event of arrest of the applicant herein in connection with FIR registered as

CRÂI/11209024210282 /2021 with Jadar Police Station, Sabarkantha the applicant shall be released on bail on his furnishing a personal bond of

Rs.10,000/Â​ (Rupees ten thousands only) with one surety of the like amount on the following conditions that he :

(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

(b) shall remain present at the concerned Police Station on 13.05.2021 between 11.00 AM and 02.00 PM;

(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 shall 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 without the permission of Trial Court;

(f) To mark presence once in month before the concerned Police Station till filing of the chargeÂ​ sheet

(g) shall not leave India without the permission of the Trial Court and if having passport, shall deposit the same before the Trial Court within a week;

and

(h) shall deposit sum of Rs.51,000/Â​ with the Society within a period of two weeks from the date of his release.

(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 the same 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 Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. The

application is allowed accordingly. Rule is made absolute in the aforesaid terms. Direct service is permitted.