1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantaccused has prayed for anticipatory bail in connection with the FIR being C.R.No.I-2 of 2019 registered with Navsari Rural Police Station, District Navsari, for the offences punishable under Sections 465, 467, 468, 471, 406, 420, 474, 177, 384, 181, 506(2) and 120B of the Indian Penal Code.
2. 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.
3. Learned advocate for the applicant on instructions states that the applicant is ready Page 1 of 6 R/CR.MA/2157/2019 ORDER 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 submits 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.
4. Learned Public Prosecutor appearing on behalf of the respondent - State and learned advocate Mr.Hardik Dave for the original complainant have opposed this application and contended that serious allegations are levelled against the applicant for the offences punishable under Sections 465, 467, 468, 471, 406, 420, 474, 177, 384, 181, 506(2) and 120B of the Indian Penal Code. It is submitted that the land in question is sold by original accused No.1 i.e. the father of the present applicant as well as the present applicant from time to time and thereby they have obtained money from the concerned purchaser. The complainant is also duped by the present applicant. It is, therefore, urged that looking to the allegations levelled against the applicant, this Court may not exercise discretion in his favour.
record and taking into consideration the facts of the case, nature of allegations, gravity of offence, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant anticipatory bail to the applicant.
6. This Court has also considered the following aspects:
(i) coaccused, Hitenkumar Bupatbhai Nayak, Arjunbhai Lakshmanbhai Bharvad and Ranchhodbhai Hanubhai Bharvad (Bhadiyadara), are released on anticipatory bail by this Court;
(ii) coaccused, Karanbhai Bhurabhai Bharvad, is also released on regular bail by the Sessions Court;
(iii) on 19.02.2019, the main accused i.e. accused No.1 - Jagendrababu Jatindradev Bhanot, the father of the present applicant is also released on regular bail by the concerned Sessions Court;
(iv) the allegation levelled against the said accused is almost similar. On the contrary, some further allegations are levelled against the said coaccused and in the order passed by the Sessions Court, it has been observed that the case of the prosecution rests on documentary evidence and for the land in the question, civil proceedings are pending. Such reasonings are Page 3 of 6 R/CR.MA/2157/2019 ORDER also applicable to the case of the present applicant.
(v) when inquired from the Investigating officer, it is submitted that after original accused No.1 was arrested, remand was granted by the concerned Court and during the said remand, necessary information from the said coaccused is obtained; and
(vi) in view of the above, custodial interrogation of the applicant is not required.
7. 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. as 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, as reported at (1980) 2 SCC 665.
8. 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.I-2 of 2019 registered with Navsari Rural Police Station, District Navsari, on his executing a personal bond of Rs.10,000/ (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 28.02.2019 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 Court and if having passport shall 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;
9. 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 Page 5 of 6 R/CR.MA/2157/2019 ORDER 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.
10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J) piyush Page 6 of 6