Heard learned advocate, Mr.Hardik Dave for the applicants and learned APP, Mrs.Calla for the State.
The present application is filed seeking to release the applicants on anticipatory bail as they are apprehending arrest in connection with the complaint being C.R.No.I-4 of 2008 registered with DCB Police Station, Surat, for the alleged offences punishable under Secs.420, 465, 467, 468, 471 and 120B of IPC.
It is alleged that the fake bank account of the complainant is opened by the present applicants. However, during the course of investigation, it has come out that account was opened by the complainant and no forgery is committed by the present applicants in opening the account and, therefore, at this stage, question does not arise to decide whether pan card which was produced before the bank authorities is genuine or not. As far as the allegation in reference to the will is concerned, it is too early to say that it is a bogus one. Considering the statements of son of both the witnesses wherein it has been stated that signature of their father is genuine. As per the mother of the accused is concerned, she has stated before the police that will was prepared by father of the applicant and she also stated that she also signed the will. It is submitted by learned advocate, Mr.Dave, that till today, on the basis of the alleged documents, property is not alienated in any manner.
Having regard to the aforesaid facts and circumstances of the case,, without discussing the evidence in detail, at this stage, 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 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 applicants being arrested pursuant to C.R.No.I-4 of 2008 registered with DCB Police Station, Surat, for the alleged offences punishable under Secs.420, 465, 467, 468, 471 and 120B of IPC, the applicants shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one solvent surety each of the like amount on following conditions that they shall:
(a) cooperate with the investigation and make themselves available for interrogation whenever required;
(b) remain present at DCB Police Station, Surat, on 13-2-2012 between 11.00 a.m. and 2.00 p.m;
(c) 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) 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) not leave India without the permission of the Court and if holding a Passport, shall surrender the same before the Trial Court immediately;
(f) 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.
(g) Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. 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 applicants, 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