Heard learned counsel, Mr.M.M.Tirmizi for Mr.Molavi for the applicants and learned APP, Mr.L.B.Dabhi for the State.
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-78 of 2012 registered with Vyara Police Station for the alleged offences punishable under Secs. 406, 420 and 114 of IPC.
It is submitted by learned counsel, Mr.Tirmizi for the applicant that for the same Survey No.416, previously, offence was registered as C.R.No.I-149 of 2011 and anticipatory bail was granted in favour of the present applicants. It is further submitted that in the said transaction more particularly for the said survey No.416, another complaint was lodged and offence was registered at Vyara Police Station. It is also submitted that alleged transaction took place in 1999 and complaint was lodged in 2012.
In view of the fact that for the alleged transaction that took place in 1999, complaint was lodged in 2012 and also the fact that for the offence registered in respect of the same survey No.416, anticipatory bail was granted in favour of the applicants on earlier occasion, 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-78 of 2012 registered with Vyara Police Station for the alleged offences punishable under Secs. 406, 420 and 114 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 concerned Police Station on 8-5-2012 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) 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