Allowed

Keshavlal Bechardas Patel v. State of Gujarat

Gujarat HC3 Aug 2018CR.MA/12778/2018

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the accused in connection with an FIR registered for cheating and criminal conspiracy. Applicants were directed to surrender on a specific date and were allowed to be remanded to judicial custody pending trial if applicable.

What did the court decide?

Application allowed; Accused to be released on personal bond of Rs.10,000 with one surety subject to conditions of cooperation and appearance before court.

Keshavlal Bechardas Patel Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2018)

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R/CR.MA/12778/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 12778 of 2018

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========================================================== KESHAVLAL BECHARDAS PATEL & 1... Petitioners

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Versus

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STATE OF GUJARAT.. Respondent

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========================================================== Appearance:

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MR ANVESH V VYAS(5654) for the PETITIONER(s) No. 1,2 MR RAKESH PATEL, APP(2) for the RESPONDENT(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 03/08/2018

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ORAL ORDER

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1 By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the First Information Report being I-C.R. No.9 of 2009 registered with the Sector 7 Gandhinagar Police Station for the offence punishable under Sections 406, 420, 423 and 120B of the Indian Penal Code.

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2 The learned advocate appearing on behalf of the applicants would submit that considering the nature of the offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions.

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3 On the other hand, the learned APP appearing on behalf of the respondent-State has opposed this application for grant of anticipatory bail to the applicants looking to the nature and gravity of the offence.

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4 I have heard the learned advocates appearing for the respective

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Page 1 of 4

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R/CR.MA/12778/2018 ORDER

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parties, perused the investigation papers and have also taken into consideration the facts of the case, nature of the allegations, role attributed to the applicants - accused, and without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants.

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5 This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others, reported in [2011] 1 SCC 6941 wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Others, reported in (1980) 2 SCC 665.

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6 The learned advocate for the applicant, on instructions, states that the applicants are ready and willing to abide by all the conditions, including impositions of conditions with regard to the powers of the Investigating Agency to file an application before the competent court for their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of the applicantsaccused to oppose such application on merits may be kept open.

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7 In the result, the present application is allowed by directing that in the event of arrest of the applicants herein in connection with the First Information Report being being I-C.R. No.9 of 2009 registered with the Sector 7 Gandhinagar Police Station , the applicants shall be released on bail on their furnishing a personal bond of Rs.10,000/(Rupees ten thousand only) each with one surety of the like amount on the following conditions that they shall:

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(a) cooperate with the investigation and make themselves

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Page 2 of 4

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R/CR.MA/12778/2018 ORDER

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available for interrogation whenever required;

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(b) remain present at the concerned Police Station on 6^th August 2018 between 11.00 a.m. and 2.00 p.m.;

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(c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the court or to any police officer;

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(d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

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(e) at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change their residence till the final disposal of the case till further orders;

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(f) not leave India without the permission of the Court, and if having passport, shall deposit the same before the trial Court within a week; and

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(g) it would be open to the Investigating Officer to file an application for remand if he considers it just and proper and the learned Magistrate would decide the same on merits;

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8 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 rights of the accused to seek stay against an order of remand if, ultimately, granted, and the powers of the learned Magistrate to consider such a request in accordance with law.

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Page 3 of 4

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R/CR.MA/12778/2018 ORDER

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9 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 the other conditions of this anticipatory bail order.

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10 At the trial, the trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute. Direct service is permitted.

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(J.B. PARDIWALA, J.)

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CHANDRESH

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Keshavlal Bechardas Patel v. State of Gujarat

Case brief

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Keshavlal Bechardas Patel v. State of Gujarat

Case brief

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