Heard learned Senior Counsel, Mr.P.M.Thakkar for Mr.Salim M.Saiyed with Mr.Santosh D.Goenka for the applicant and learned APP, Mrs.Calla for the State.
The present application is filed seeking to release the applicant on anticipatory bail as he is apprehending his arrest in connection with the complaint being C.R.No.I-122 of 2011 registered with Gujarat University Police Station for the alleged offences punishable under Secs. 406, 420, 465, 467, 468, 471 and 120(b) of IPC.
It is alleged that for the alleged previous transaction, for opening of the bogus account in the name of Gallops Motors, present applicant was arrested and after filing of charge sheet, he was released on bail. It is to be noted that the Central Bank of India, which has granted loan in the name of different borrowers, has also lodged complaint at Gujarat University Police Station. It is alleged in the compliant that present applicant abated the other accused in opening of the account in the name of Gallops Motors and accused Bhaveshbhai who was accused No.1 in the previous FIR , is also an accused in this offence. It is to be noted that other co-accused was released on anticipatory bail by this Court vide order dated 16-2-2012 passed in Cri.Misc.Appln.No.1179 of 2012 and hence, present is entitled to be enlarged on anticipatory bail on parity.
Having regard to the aforesaid facts and circumstances of the application, without discussing the evidence in detail, at this stage, 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 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 applicant being arrested pursuant to FIR being C.R.No.I-122 of 2011 registered with Gujarat University Police Station for the alleged offences punishable under Secs. 406, 420, 465, 467, 468, 471 and 120(b) of IPC, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one solvent surety of the like amount on following conditions :
(a) he shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) he shall remain present at Gujarat University Police Station on 2-4-2012 between 11.00 a.m. and 2.00 p.m;
(c) he 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 from disclosing such facts to the Court or to any Police Officer;
(d) he shall 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) he shall 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 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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top