Though this Court vide order dated 10-2-2012 permitted learned advocate, Mr.Jitendra Prajapati to appear on behalf of the complainant, office has not shown his name on the board. Quite often, such types of mistakes are committed by the office. In view of this, Registrar (Judicial) is directed to look into the matter.
Heard learned advocate, Mr.N.D.Gohil for the applicants, learned APP, Ms.Calla for the State and learned advocate, Mr.Jitendra Prajapati for the original complainant.
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 2012 registered with Wadhwan Police Station for the alleged offences punishable under Secs. 406, 420, 465, 467, 471 and 120B of IPC.
It is submitted by Mr.Gohil that as far as two survey numbers for which complaint is lodged are concerned, they were never put in mortgage with the bank. He took this Court through letter dated 4-2-2012 addressed by the bank to the applicants wherein it is mentioned that by mistake the alleged two survey numbers were mentioned as put in mortgage and entry of mortgage was cancelled. Considering only this fact and also the fact that the applicants are lady accused, in the opinion of this Court, discretion under Sec.438 is required to be exercised in this case.
Having regard to the facts and circumstances of the application, 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 2012 registered with Wadhwan Police Station for the alleged offences punishable under Secs. 406, 420, 465, 467, 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 Wadhwan Police Station on 21-2-2012 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