1. Rule. Mr.H.L.Jani, learned APP waives service of Rule on behalf of the respondent.
2. This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with the FIR bearing CR No. I-161 of 2011 registered with Dabhoda Police Station, Dist.Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 120(B), 506(2) and 114 of the IPC.
3. Heard Mr.P.R.Nanavati, learned advocate appearing for Mr.B.S.Khatana, for the applicants. Mr.Nanavati, has contended that originally one complaint was also filed by the present applicant - Babuben K. Rabari and that complaint was not considered by the police authority. As per say of the present applicants, they are cheated by the present complainant but police has not carried out investigation in the fair manner. The present applicants are lady accused and they will be avaialble for interoggation and/or during trial. He has prayed that present applicants may be granted anticipatory bail.
4. Heard Mr. H.L.Jani, learned APP for the respondent State. He has vehemently opposed the present application and contended that prima-facie-case is made out against the present applicants. Rs.10 lacs is paid in connection with the disputed land. He has prayed to reject anticipatory bail of the present applicants.
5. In the present case all the three accused are ladies. They will be available during interrogation. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., reported in (2011) 1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980) 2 SCC 565.
6. The application is allowed. The applicants are granted anticipatory bail in the event of their arrest in connection with CR No. I-161 of 2011 registered with Dabhoda Police Station, Dist.Gandhinagar for the offences as alleged in FIR on their executing a bond of Rs.10,000/- [Rupees Ten thousand only] each with one surety of the like amount each on the following conditions that they shall:
[a] co-operate with the investigation and make themselves available for interrogation whenever and wherever required.
[b] shall remain present at the concerned Police Station on 23.2.2012 at 11.00 AM ;
[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[d] at the time of execution of bond, furnish their residential address to the investigating officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
[e] not leave State of Gujarat without the permission of the Court and, if holding a passport, they shall surrender the same before the Trial Court within a week;
[f] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;
7. It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
8. At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.
9. The applicants are permitted to obtain regular bail as per the established provision of law, within suitable time.
10. Rule made absolute.
Direct service is permitted.
(Z.K.SAIYED, J.) kks Top