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.32/2012 with Kagdapith Police Station, Ahmedabad for the offences punishable under Sections 467, 468, 471, 420 and 114 of the Indian Penal Code.
Learned Counsel for the applicant submits that allegedly by creating a fake allotment letter, the present applicant accused took possession of Shop No.111 of the commercial premises. It is alleged that only Shop No.112 has been allotted to the present applicant. The present applicant is also alleged to have removed the internal wall and then took the illegal possession of Shop No.111.
Learned Counsel Mr. P.S. Gondalia for the applicant submits that the applicant is dealing in the business of clothes from the Shop No.111 since the year 2002. He has paid taxes of the said shop from 2002 and has placed on record relevant documents. Considering the above aspect, it is submitted that the applicant may be granted anticipatory bail.
Heard learned APP Mr. L.B. Dabhi for the respondent-State.
This Court has gone through the papers of investigation and it prima-facie transpires from the statements of the neighbours that the applicant is running his business of clothes from Shop No.111 from the past four years. It is also pertinent to note that the applicant herein had filed a Civil Suit against the complainant in the City Civil Court and after three and a half months from the filing of the suit, this complaint has been filed by the complainant. Considering the above facts, this application is allowed.
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 applicant herein being arrested pursuant to FIR being I-C.R. No.32/2012 with Kagdapith Police Station, Ahmedabad, the applicant shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on following conditions :-
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 12th April, 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 applicant. The applicant 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 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 made absolute. The application is disposed of accordingly.
Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top