Allowed

Vinubhai @ Vinodbhai Shambhubhai Viradiya v. State of Gujarat

Gujarat HC19 Feb 2019CR.MA/1291/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous application under Section 438 CrPC, the Gujarat High Court granted anticipatory bail to the accused facing charges under the IPC and Gujarat Money Lenders Act. The Court dismissed the State's objection regarding a prima facie case, holding that custodial interrogation was not necessary at this stage, and imposed specific conditions on the accused.

What did the court decide?

Application allowed; accused to be released on bail on furnishing personal bond of Rs. 10,000 with one surety, subject to specific conditions including surrender at police station and appearance befor

Vinubhai @ Vinodbhai Shambhubhai Viradiya Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2019)

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R/CR.MA/1291/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1291 of 2019

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VINUBHAI @ VINODBHAI SHAMBHUBHAI VIRADIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR PRATIK Y JASANI(5325) for the PETITIONER(s) No. 1
MS SHRUTI PATHAK, APP for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 19/02/2019

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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 applicant accused has prayed to release
him on anticipatory bail in case of his arrest in
connection with the FIR registered at C.R.No.I-
240 of 2018 with Bhaktinagar Police Station,
Rajkot for the offences punishable under Sections
387, 507 and 114 of the Indian Penal Code as well
as under Sections 40, 42(A)(D) of the Gujarat
Money Lenders Act.

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2.Learned advocate for the applicant submits
that the nature of allegations are such for which
custodial interrogation at this stage is not
necessary. Besides, the applicant is available
during the course of investigation and will not
flee from justice. In view of the above, the

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Page 1 of 6

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R/CR.MA/1291/2019 ORDER

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applicant may be granted anticipatory bail.

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Learned advocate for the applicant, on
instructions, states that the applicant is ready
and willing to abide by all the conditions
including imposition of conditions with regard to
powers of Investigating Agency to file an
application before the competent Court for his
remand. He would further submit that upon filing
of such application by the Investigating Agency,
the right of applicant accused to oppose such
application on merits may be kept open.

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3.Learned APP has opposed this application and
pointed out the statement of wife of the
complainant and the MLC certificate and contended
that there is prima facie case against the
applicant and therefore this Court may not
entertain this application.

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4.Having heard the learned advocates for the
parties and on perusing the material placed on
record and taking into consideration the facts of
the case, nature of allegations, gravity of
offences, role attributed to the accused,
without discussing the evidence in detail, at
this stage, I am inclined to grant anticipatory
bail to the applicant.

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Page 2 of 6

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R/CR.MA/1291/2019 ORDER

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5. I have also considered the following aspects: It is not disputed by the complainant that he

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has borrowed money from the present applicant.

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Learned advocate for the applicant has
produced on record the sale deed executed by the
wife of the complainant in favour of the present
applicant and also produced on record the rent
agreement executed in July, 2018 between the
applicant and the wife of the complainant.

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In view of the material produced on record
and in view of the allegations levelled against
the applicant in the FIR, I am inclined to
exercise the discretion in favour of the
applicant as no custodial interrogation of the
applicant is required in the facts of the present
case.

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6.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 Ors. as reported at
[2011] 1 SCC 694, wherein the Hon’ble Apex Court
reiterated the law laid down by the Constitution
Bench in the case of Shri Gurubaksh Singh Sibbia
& Ors., as reported at (1980) 2 SCC 665.

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7.In the result, the present application is
allowed by directing that in the event of

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Page 3 of 6

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R/CR.MA/1291/2019 ORDER

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applicant herein being arrested pursuant to FIR
registered at C.R.No.I-240 of 2018 with
Bhaktinagar Police Station, Rajkot, the applicant
shall be released on bail on furnishing a
personal bond of Rs.10,000/- (Rupees Ten Thousand
only) with one surety of like amount on the
following conditions that he:

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(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

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(b) shall remain present at the concerned Police Station on 26.02.2019 between 11.00 a.m. and 2.00 p.m.;

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

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(d) shall 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) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;

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(f) shall 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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R/CR.MA/1291/2019 ORDER

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

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9.At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in this order while enlarging the
applicant on bail.

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R/CR.MA/1291/2019 ORDER

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10.Rule is made absolute to the aforesaid

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extent. Direct service is permitted.

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(VIPUL M. PANCHOLI, J)

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Jani

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Vinubhai @ Vinodbhai Shambhubhai Viradiya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vinubhai @ Vinodbhai Shambhubhai Viradiya v. State of Gujarat

Case brief

What is this about?

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