[1] This application is filed by the applicant under Section 438 of the Code of Criminal Procedure apprehending his arrest in connection with C.R.No.I-214 of 2011 registered with Jam Khambhalia Police Station, District - Jamnagar for the offences under Section 465, 467, 468, 471 and 120(B) of the Indian Penal Code.
[2] This Court has gone through the complaint. He is not the beneficiary. No role is attributed to the applicant in the alleged offence of fraud. Similarly situated accused has been granted anticipatory bail by this Court vide order dated 2-4-2012 passed in Cri.Misc.Appln.No. 2008 of 2012. Having heard learned counsel for the parties and considering role attributed to the applicant and in the facts and circumstances of the case, 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 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.
[3] The application is allowed. In the event of arrest of the applicant in connection with C.R.No.I-214 of 2011 registered with Jam Khambhalia Police Station, District - Jamnagar for the offences alleged against him, the applicant shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:-
co-operate with the investigation and make himself available whenever required;
remain present before the concerned Police Station on 22nd May, 2012 between 11.00 a.m. and 2.00 p.m..;
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 them for disclosing such facts to the Court or to any Police Officer;
at the time of execution of bond, shall 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;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
[4] 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.
[5] At the trial, the Trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[6] Rule made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top