[1] Affidavit filed by the complainant is ordered to be taken on record. This application is filed by the applicant under Section 438 of the Code of Criminal Procedure apprehending his arrest in connection with C.R.No.I-72 of 2012 registered with Vatva Police Station, Ahmedabad for the offence under Sections 406 and 420 of the Indian Penal Code.
[2] Allegation is made in the complaint that applicant and other accused had good relations with the complainant who is running agency of tractor. It is alleged that applicant and other accused had given promise to the complainant that they will be able to manage to get agency of Mahindra and Mahindra Company by using their personal influence and relations. Applicant and other accused were given Rs.10 lacs by way of cash and Rs.31 lacs by cheque by the complainant. It is alleged as complainant did not get the agency, he realized that he was cheated by the applicant and therefore, he lodged complaint.
[3] It is submitted by Mr.Bhatt, learned advocate for the applicant that transaction took place in the year 2009 and complaint is lodged in the year 2012. It is further submitted that during this period, present applicant sold his house and amount is paid to the complainant in cash but no receipt has been obtained by the applicant as he has good relation with the complainant. It is further submitted that the applicant is ready and willing to deposit Rs.4 lacs with the trial Court without prejudice to right of the applicant.
[4] Considering above facts and considering the role attributed to the applicant, this Court is 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.
[5] The application is allowed. In the event of arrest of the applicant in connection with C.R.No.I-72 of 2012 registered with Vatva Police Station, Ahmedabad for the offence alleged against him, the applicant shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
co-operate with the investigation and make himself available whenever required;
remain present before the concerned Police Station on 02nd May, 2012 between 11.00 a.m. and 2.00 p.m..;
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 for disclosing such facts to the Court or to any Police Officer;
at the time of execution of bond, shall 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;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
deposit Rs.4 lacs with the Trial Court without prejudice to the right of the applicant within a period of 15 days from the date of release.
[6] 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.
[7] At the trial, the Trial Court shall not be influenced by the observations made by this Court while enlarging the applicants on bail.
[8] Rule made absolute to the aforesaid extent. Direct service is permitted.
[M.D.Shah, J.] satish Top