Satishkumar Mojiram Katheriya vs State Of Gujarat

Sangeeta K. Vishen, J

Heard Mr. Harsh M. Khemka, learned advocate for the applicant and Ms.Nisha Thakor, learned Additional Public Prosecutor for the respondent

State, through Video Conferencing.

Rule. Ms. Thakor, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.

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

bail in connection with the FIR No. 11191040200267 registered with Sardarnagar Police Station, District Ahmedabad for the offence punishable under

Sections 406, 465, 384, 294(b), 507 and 506(2) of the Indian Penal Code, 1860 and section 40 and 42 of the Gujarat Money Lenders Act, 2011.

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

It is submitted that it is alleged by the complainant that the accused has forged the papers and taken away the property belonging to the complainant

and has further refused to return back the property. In this behalf, it is submitted that the applicant is a property dealer and the complainant being in

dire need of money and being desirous of selling the said property had approached the applicant and thereafter, with the consent and freewill of the

complainant, the sale deed, power of attorney and declaration affidavit were executed for an amount of Rs.2 lakhs. It is submitted that the complaint

has been filed in the year 2020 that is after two years from the date of the alleged incident which had taken place from 2016 to 2018 with no cogent

explanation for such delay in filing the first information report. It is submitted that except the offence alleged under section 406 all other offence are

bailable. The applicant is the sole breadwinner with no criminal antecedents. It is further submitted 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. It is further submitted 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. It is

further stated that the applicant will remain present before the Investigating Officer on 10.08.2020 and will provide the permanent address. Learned

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

Ms.Thakor, learned Additional Public Prosecutor appearing on behalf of the respondent â€" State through video conference has opposed grant of

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

Having heard the learned advocates for the respective parties and perusing the material placed on record as well as considering the facts of the

case, nature of allegations, gravity of offences, role attributed to the accused and punishment prescribed for the alleged offences, without discussing

the evidence in detail, at this stage, this Court is inclined to grant anticipatory bail to the applicant. This Court has also considered the aspects namely

(i) the offence, is alleged to have taken place in the year 2016 to 2018; whereas the first information report has been filed in the year 2020 with no

cogent explanation; (ii) the applicant has no criminal antecedents. Further, except offence alleged under section 406, other offences alleged are

bailable.

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 FIR No.

11191040200267 registered with Sardarnagar Police Station, District Ahmedabad on his executing a personal bond of Rs.25,000/- (Rupees Twenty

Five Thousand Only) with one surety of like amount on the following conditions that the applicant shall â€

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

(b) remain present at concerned Police Station on 10.08.2020 between 11.00 a.m. and 2.00 p.m.;

(c) 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) 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) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and not change his residence till the final

disposal of the case till further orders;

(f) not leave India without the permission of the Court and if having passport, deposit the same before the 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 applicant-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 applicant-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.

Needless to say that at the trial, the 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. The Registry is directed to communicate this order to the concerned Police Station through email /

fax.