This application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.50/2011 with Lalbaug Police Station, Jamnagar for the offences punishable under Sections 307, 323, 504, 506(2), 143, 147, 148 and 149 of the Indian Penal Code, under Section 135(1) of the Bombay Police Act and under Section 25(1) of the Arms Act.
Learned Senior Counsel for the applicants submits that no firearm was used by the applicants during the incident and the injuries were of simple nature and considering this fact, the applicants may be granted anticipatory bail.
Heard learned APP Mr. L.B. Dabhi for the respondent-State.
This Court has gone through the affidavit of the complainant which reveals that because of shock and misunderstanding it was stated that a revolver was used by the present applicants, though in fact no firearm was used by the applicants.
On 21.02.2012, this Court had asked the concerned Investigating Officer to verify whether any firearm was used?
To this, learned Additional Public Prosecutor Mr. L.B. Dabhi, on instructions received from the Investigating Officer has now submitted that no firearm was used by the applicants during the incident and the order passed by the Sessions Court also reveals that no firearm was used and the injuries were of simple nature.
Having heard learned Counsels 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 applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Stalingappa 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 Counsels 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 I-C.R. No.50/2011 with Lalbaug Police Station, Jamnagar, 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 the concerned Police Station on 20th March, 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 an 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 made absolute. The application is disposed of accordingly.
Direct Service is permitted.
Before parting with the order, learned Additional Public Prosecutor Mr. L.B. Dabhi is directed to give necessary instructions to the concerned Police Officer for taking appropriate steps against the complainant.
Copy of this order be provided to the learned Additional Public Prosecutor Mr. L.B. Dabhi.
Sd/-
(M.D.
Shah, J.) Caroline Top