Allowed

Khimjibhai Premjibhai Moradiya v. State of Gujarat

Gujarat HC20 Feb 2019CR.MA/154/2019

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed an application for anticipatory bail under Section 438 CrPC for offences under the IPC. The court granted bail subject to conditions including cooperation, presence at police station, and non-interference with investigation, noting the applicant’s affidavit regarding an agreement to sell.

What did the court decide?

Application for anticipatory bail allowed on personal bond of Rs. 10,000 with one surety of like amount subject to specified conditions.

Khimjibhai Premjibhai Moradiya Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/154/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 154 of 2019

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KHIMJIBHAI PREMJIBHAI MORADIYA

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR DILIP L KANOJIYA(3691) for the PETITIONER(s) No. 1
MR MANAN A SHAH(5412) for the RESPONDENT(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 : 20/02/2019

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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–
346 of 2018 with Puna Police Station, Surat for
the offences punishable under Sections 465, 466,
467, 471, 120B and 114 of the Indian Penal Code.

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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
applicant may be granted anticipatory bail.

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Learned advocate for the applicant, on
instructions, states that the applicant is ready

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Page 1 of 5

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R/CR.MA/154/2019 ORDER

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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.LearnedAdditionalPublicProsecutor
appearing on behalf of the respondent – State has
opposed grant of anticipatory bail looking to the
nature and gravity of the offence.

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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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5.I have also considered the following aspects:

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I have considered the case of co-

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accusedviz.Mr.B.R.Chauhanwhile
entertaining his application.

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Today, an affidavit is filed by the
petitioner wherein the petitioner has
declared on affidavit that he has not used

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Page 2 of 5

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R/CR.MA/154/2019 ORDER

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the agreement to sell dated 07.05.2004
which came to be executed by Jayantibhai
Zaverbhai and Mohanbhai Zaverbhai in favour
of the petitioner. The petitioner also
undertakes that he will not use the said
agreement to sale in any proceedings and/or
not claim any right relying upon the said
agreement to sell dated 07.05.2004.

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In view of the aforesaid declaration

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made by the applicant on affidavit, I am
inclined to exercise the discretion in
favour of the applicant.

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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
applicant herein being arrested pursuant to FIR
registered at C.R. No. I–346 of 2018 with Puna
Police Station, Surat, 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

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Page 3 of 5

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R/CR.MA/154/2019 ORDER

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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 27.02.2019 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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(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

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Page 4 of 5

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R/CR.MA/154/2019 ORDER

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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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8.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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9. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

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(VIPUL M. PANCHOLI, J)

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Jani

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Khimjibhai Premjibhai Moradiya v. State of Gujarat

Case brief

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Khimjibhai Premjibhai Moradiya v. State of Gujarat

Case brief

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