The present application is filed seeking to release the applicant on anticipatory bail as he is apprehending his arrest in connection with the complaint being C.R.No.I-175 of 2011 registered with Ellisbridge Police Station for the alleged offences punishable under Secs. 406, 420, 467, 468, 471 and 114 of IPC which have taken place during the period between 10-3-2011 and 1-4-2011.
Heard learned advocate, Mr.Hardik A. Dave for the applicant, learned APP, Ms.C.M.Shah for the State and learned advocate, Mr.Rajesh K.Kanani for the original complainant.
It is submitted by learned advocate, Mr.Hardik Dave for the applicant that the applicant will hand over the demand draft of Rs.5.00 lakhs (Rupees Five Lakhs only) to the original complainant company-M/s Fairdeal Supplies Ltd. on or before 30-4-2012, without prejudice to his rights and contentions.
Having regard to the facts and circumstances of the application and more particularly in view of the fact that applicant is ready and willing to hand over Rs.5.00 lakhs to the complainant without prejudice to his rights and contentions, 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 Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and 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 Sibia & Ors. reported in (1980)2 SC 565.
Learned counsel for the parties do not press for further reasoned order.
In the result, this application is allowed by directing that in the event of the applicant being arrested pursuant to FIR being C.R.No.I-175 of 2011 registered with Ellisbridge Police Station for the alleged offences punishable under Secs. 406, 420, 467, 468, 471 and 114 of IPC, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one solvent surety of the like amount on following conditions :
(a) he shall hand over demand draft of Rs.5.00 lakhs (Rupees Five Lakhs only) to the original complainant Company on or before 30-4-2012, without prejudice to the rights and contentions of the parties;
b) he shall cooperate with the investigation and make himself available for interrogation whenever required;
(c) he shall remain present at concerned Police Station on 27-4-2012 between 11.00 a.m. and 2.00 p.m;
(d) he shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade from disclosing such facts to the Court or to any Police Officer;
(e) he shall at the time of execution of bond, furnish 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;
(f) he shall not leave India without the permission of the Court and if holding a Passport, shall surrender the same before the Trial Court immediately;
(g) It would be open to the Investigating Officer to file an application for remand if he considers it just and proper and the concerned Magistrate would decide it on merits.
(h) 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.
If the applicant fails to hand over the demand draft of Rs.5.00 lakhs on or before the stipulated time, the bail bond shall stand cancelled automatically.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top