This Application is filed by the applicants under Section 438 of the Code of Criminal Procedure in connection with M.Case No.4 of 2011 registered with Dhrol Police Station for the offences punishable under Sections 465, 467, 468, 471 read with 114 of the Indian Penal Code.
The present applicants are daughters of one Shamjibhai Parmar. The mother of the present applicants named Shantaben expired and so Shamjibhai got married with another lady whose name is also Shantaben. It is alleged that Shamjibhai Parmar executed Will in favour of the second wife-Shantaben and his second wife Shantaben became owner of the property. It is alleged that the present applicants, in capacity of legal heirs, submitted an application for making necessary entry in the revenue records. It is alleged that though the property is in the name of second wife Shantaben of Shamjibhai, it is declared that Shantaben has died.
Heard learned advocates for the parties. Learned Counsel for the parties do not press for further reasoned order.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case and considering the relationship of the present applicants with Shamjibhai and considering the fact that the name of the mother of the present applicants was also Shantaben who expired, 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.
In the event of arrest of the applicants in connection with M.Case No.4 of 2011 registered with Dhrol Police Station, District Jamnagar for the offences alleged against them, they shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] each with one surety of the like amount on the following conditions that they shall:
a) co-operate with the investigation and make themselves available whenever required;
b) remain present before the Investigating Officer, Dhrol Police Station on 15.2.2012 at 11.00 am.;
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 them for disclosing such facts to the Court or to any Police Officer;
d) at the time of execution of bond, they shall furnish their 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 is holding a Passport, surrender the same before the trial Court immediately;
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.
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.
The applicants are permitted to obtain regular bail as per the established provision of law, within suitable time. Rule made absolute.
Direct service is permitted.
( M.D.Shah, J ) srilatha Top