Heard learned Senior Counsel, Mr.P.M.Thakkar for Mr.Umang H.Oza for the applicant, learned APP, Mr.L.B.Dabhi for the State and learned advocate, Mr.Majmudar for the original complainant.
The present application is filed seeking to release the applicant on anticipatory bail as he is apprehending his arrest in connection with the private complaint being M.Case No.2 of 2007 registered with Gorva Police Station for the alleged offences punishable under Secs. 406, 420, 465, 468, 471, 34 and 120B of IPC.
It is submitted by learned Senior Advocate, Mr.P.M.Thakkar for the applicant that a private complaint was lodged by the complainant before the Court and an order was passed under Sec.156(3) of Cr.P.C. alleging that though one Yogeshbhai residing abroad did not sign any documents, forged documents were created and offences alleged are committed present applicant. It is further submitted that said Yogesh has filed an affidavit stating that he has no grievances against the present applicant. Said affidavit is already on record. It is further submitted that as far as present complainant is concerned, he has stated before the trial court that under the misunderstanding and misconception, complaint has been filed.
In view of the affidavit filed by one Yogeshbhai to the effect that he has no grievance against the present applicant and it is stated by the complainant that under misunderstanding, the complaint has been filed, 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 private complaint being M.Case No.2 of 2007 registered with Gorva Police Station for the alleged offences punishable under Secs. 406, 420, 465, 468, 471, 34 and 120B 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 cooperate with the investigation and make himself available for interrogation whenever required;
(b) he shall remain present at concerned Police Station on 7-5-2012 between 11.00 a.m. and 2.00 p.m;
(c) 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;
(d) 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;
(e) 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;
(f) 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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top