1. The instant application is filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with first information report registered at CR No. I-132 of 2011 registered with Jamnagar Police Station Panch-B for the offences punishable under Sections 406, 418, 419,465, 467 and 471 of the Indian Penal Code and sections 85 [1][C], 85 [1][F] and 85[1][4] of the Gujarat Value Added Tax Act, 2003.
2. Mr.
ND Nanavati, Learned Sr. Counsel for Ms. KM Shah, Ld. Advocate for the applicant, at the outset, submitted that the applicant is suffering from terminal disease of cancer and in that view of the matter, pursuant to the earlier orders passed by this Court, interim protection was granted in his favour. It is further submitted that in the FIR, it is alleged that huge amount is found due by way of sales tax, but the order passed by the Sales Tax Authorities is challenged in VAT Tribunal and the said matter is still pending. It is further submitted that the applicant is ready and willing to cooperate the Investigating Officer [IO]. However, it is submitted that the entire case basically rests upon documentary evidence.
3. Heard Mr. Pandya, Learned APP for the respondent - State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the relevant contents of the FIR as well as the submission that the applicant is suffering from terminal disease of cancer and the submission that the applicant shall cooperate the IO, this Court is of the opinion that the application deserves to be granted.
5. 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.
6. Learned counsel for the parties do not press for further reasoned order.
7. In the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to FIR being C.R. No. I-132 of 2011 registered with Jamnagar Police Station Panch-B, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on following conditions :-
[a] shall cooperate with the investigation and make himself available for interrogation whenever required.
[b] shall remain present at concerned Police Station on 27/06/2012 between 11:00 am to 2:00 pm:
[c] 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 them from disclosing such facts to the Court or to any Police Officer;
[d] shall at the time of execution of bond, furnish the 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] will not leave India without the permission of the Court and, if is 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 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.
8. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
9. 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 applicant on bail.
Rule made absolute to the aforesaid extent. DSP.
[J.C.
UPADHYAYA, J.] * Pansala.
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