Heard learned Senior Counsel, Mr.S.V.Raju for Mr.B.S.Raju for the applicant and learned APP, Ms.C.M.Shah 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-11 of 2010 registered with DCB Police Station, Surat, for the alleged offences punishable under Secs. 406, 465, 467, 468, 471, 120B and 114 of IPC.
It is submitted that considering the peculiar facts of the case that other family members entered into the sale deed are genuine persons and he identified some persons. It is further submitted that he is not a beneficiary and is aged 72 years and also suffering from heart ailments. Medical papers are placed on record.
Having regard to the facts and circumstances of the application and more particularly considering the role attributed to the present applicant that he identified some persons and is not a beneficiary coupled with the fact that applicant aged 72 years is suffering from heart problems, 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-11 of 2010 registered with DCB Police Station, Surat, for the alleged offences punishable under Secs. 406, 465, 467, 468, 471, 120B and 114 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 concerned Police Station on 8-5-2012 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) 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