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Mahmadsha vs State

High Court Of Gujarat|21 June, 2012
This application is filed seeking anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with First Information Report being CR No.I-18 of 2012 registered with Dakor Police Station, Dist:Kheda, for the offences punishable under Sections 406, 408, 420 and 114 the Indian Penal Code and Sections 61, 51 and 56 of the WAQAF ACT, 1955.
Ms.Dagli, Learned counsel for the applicants, at the outset, drew my attention to the F.I.R. and submitted that as per the F.I.R. the alleged incident occurred between 09.08.1963 to 12.12.2007 but, the F.I.R. came to be lodged on 09.12.2012 and thus, it is highly delayed F.I.R. Mr.Daglli, learned advocate for the applicants, submitted that in connection with the trust, civil litigations are pending in competent Civil Court. It is further submitted that during the period from 1963 till 2007, the account of the trust came to be audited and no irregularities came to be found and hence, this application may be granted.
Heard Learned APP for the respondent - State.
Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicants and the civil litigations in connection with the Trust are pending in the competent Civil Court, this Court is of the opinion that the application deserves to be granted.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts 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.
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 herein being arrested pursuant to FIR being CR No.I-18 of 2012 registered with Dakor Police Station, Dist:Kheda, the applicants shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of like amount on following conditions :-
[a] shall cooperate with the investigation and make themselves available for interrogation whenever required.
[b] shall remain present at concerned Police Station on 2.7.2012 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 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.
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.
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.
Rule made absolute. Application is disposed of accordingly. Direct service is permitted.
[J.C.UPADHYAYA, J.] GIRISH Top
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Title

Mahmadsha vs State

Court

High Court Of Gujarat

JudgementDate
21 June, 2012