Allowed

Govindbhai Mulubhai Lagariya v. State of Gujarat

Gujarat HC21 Feb 2019CR.MA/1720/2019

Case brief

AI extract

What is this about?

The Gujarat High Court granted anticipatory bail to accused applicants facing charges under IPC and G.P. Act, noting the case was amicably settled. The court imposed conditions for cooperation and allowed future police remand applications.

What did the court decide?

Anticipatory bail on personal bond of Rs. 10,000 with one surety, subject to specific conditions regarding interrogation, presence at police station, and prohibition against tampering with evidence; p

Govindbhai Mulubhai Lagariya Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/1720/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1720 of 2019

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GOVINDBHAI MULUBHAI LAGARIYA

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Versus
STATE OF GUJARAT

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Appearance:

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MR NIRUPAM NANAVATY, SENIOR ADVOCATE WITH MR. NIKUNJ
KANARA(7301) for the PETITIONER(s) No. 1,2,3
MR KP RAVAL, APP for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 21/02/2019

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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 applicants accused haveprayedto
release them on anticipatory bail in case of
their arrest in connection with the FIR
registered at C.R. No.I–82 of 2018 with Kalyanpur
Police Station, District Devbhumi Dwarkafor the
offences punishable under Sections 307, 325, 324,
323, 506(2), 143, 147, 148 of the Indian Penal
Code and Section 135(1) of G.P.Act.

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2Learned advocate for the applicants submits
that the nature of allegations are such for which
custodial interrogation at this stage is not
necessary. Besides, the applicants are 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/1720/2019 ORDER

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applicants may be granted anticipatory bail.

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Learned advocate for the applicants, on
instructions, states that the applicants are
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 applicants accused to oppose such
application on merits may be kept open.

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Learned Senior Counsel appearing for the
applicants submitted that the injured witnesses
are discharged from the hospital long back.

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Cross FIR is also registered wherein the
present complainant is the accused in the said
FIR.

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Both the cases are amicably settled between
the parties and therefore complainant has no
objection if the applicants are released on
anticipatory bail.

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There are no antecedents of the applicants
and therefore they may be released on
anticipatory bail.

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3.On the other hand, learned Additional Public
Prosecutor appearing on behalf of the respondent

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Page 2 of 6

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R/CR.MA/1720/2019 ORDER

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– State has produced the investigation papers and
pointed out that on 20.02.2019, further statement
of the complainant is recorded, wherein, he has
specifically stated that the applicants herein
are his relatives and because of the intervention
of the elderly persons of the family and the
society, now the matter is settled with the
applicants. Therefore, if the applicants are
released on anticipatory bail, he has no
objection.

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4.Having heard the learned advocates for
the parties and on perusing the material placed
on record as well as 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 applicants. Moreover, in
view of the aforesaid development which has taken
place after the registration of the FIR and when
there is no antecedent against the present
applicants, I am inclined to exercise the
discretion in their favour. 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

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Page 3 of 6

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R/CR.MA/1720/2019 ORDER

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Gurubaksh Singh Sibbia & Ors., as reported at
(1980) 2 SCC 665.

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5.In the result, the present application is
allowed by directing that in the event of
applicants herein being arrested pursuant to FIR
registered at C.R. No.I–82 of 2018 with Kalyanpur
Police Station, District Devbhumi Dwarka, the
applicants shall be released on bail on
furnishing a personal bond of Rs. 10,000/-
(Rupees Ten Thousand only) eachwith one surety
of like amount on the following conditions that
they:

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

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(b) shall remain present at concerned Police Station on 28.02.2019 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 their residence till

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Page 4 of 6

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R/CR.MA/1720/2019 ORDER

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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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6.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 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 applicants, 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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Page 5 of 6

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R/CR.MA/1720/2019 ORDER

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7.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
applicants on bail.

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8. 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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Govindbhai Mulubhai Lagariya v. State of Gujarat

Case brief

What is this about?

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Govindbhai Mulubhai Lagariya v. State of Gujarat

Case brief

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