Uttamram Rajaram Shinde vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

Heard learned Advocate Mr. Manan K. Paneri for the Applicants and learned APP Ms. Moxa Thakkar for the Respondent - State of Gujarat.

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - accused persons have prayed for anticipatory bail in connection with the FIR No. P a r t - A 1 1 8 2 2 0 1 5 2 1 1 7 6 3 registered with Jalalpore Police Station, Navsari for the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code.

Learned Advocate for the Applicants has submitted that the Applicants are apprehending their arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned Advocate for the Applicants has heavily placed reliance on the FIR papers and as such the allegations levelled against the Applicants / Accused persons are general in nature and as such there is no offence of abetment under Section 107 IPC coupled with Section 306 IPC. The learned Advocate for the Applicants has further submitted that all the three accused persons are residing in Maharashtra whereas the prime accused and the deceased were residing in Navsari and therefore there is no question of any harassment. He has therefore submitted that the present application may be allowed.

Learned Advocate for the Applicants have further argued that the applicants will keep themselves available during the course of investigation and trial also and will not flee from justice.

Learned advocate for the applicants on instruction 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 further submitted 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. Learned advocate, therefore, submitted that considering the above facts, the applicants may be granted anticipatory bail.

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. Learned APP has submitted that the investigation be continued.

Having heard the arguments advanced by 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 Applicants, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants.

This Court has considered following aspects,

(a) The Applicants are residing in Maharashtra and the prime accused and the deceased were residing in Navsari.

(b) The allegations levelled against the Applicants / Accused persons are general in nature.

(c) as per catena of decisions of Hon'ble Supreme Court there are mainly two factors which are required to be considered by this court;

(i) prima facie case

(ii) requirement of accused for custodial interrogation.

Therefore, in the facts and circumstances of the present case, this court is inclined to consider the case of the applicants.

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. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020.

In the result, the present application is allowed. The applicants are ordered to be released on bail in the event of t h e i r arrest in connection with FIR No. P a r t - A 1 1 8 2 2 0 1 5 2 1 1 7 6 3 registered with Jalalpore Police Station, Navsari for the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code on their executing a personal bond of Rs. 10000/- (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions:

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

(b) shall remain present at concerned Police Station on 21 .12.2021 between 12.00 Noon and 2.00 p.m. The lady accused shall remain present before the police station along with one lady police officer on the same date;

(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 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 the remand application without being influenced of the observations made by this Court;

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 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. Direct service is permitted by e-mail / fax.