Allowed

Vijay Gordhanbhai Sarvaiya v. State of Gujarat

Gujarat HC15 Feb 2019CR.MA/1804/2019

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail under Section 438 CrPC to the applicant accused. The court considered the nature of allegations, the fact that co-accused was released on bail, and relevant Supreme Court precedents, ordering release upon executing a bond with conditions.

What did the court decide?

The applicant is released on bail upon executing a personal bond of Rs. 10,000/- with one surety on analogous conditions, including availability for interrogation and cooperation with police investiga

Vijay Gordhanbhai Sarvaiya Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/1804/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1804 of 2019

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VIJAY GORDHANBHAI SARVAIYA

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Versus STATE OF GUJARAT

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Appearance:

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MR MIHIR VAKHARIYA(8336) for the PETITIONER(s) No. 1 MS SHRUTI PATHAK, ADDITIONAL PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 15/02/2019 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 for anticipatory bail in connection with the FIR being C.R.No.III–56 of 2018 registered with Chotila Police Station, District Surendranagar, for the offences punishable under Sections 65(e), 116B and 66(1)B of the Prohibition 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. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.

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3. 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

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Page 1 of 5

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R/CR.MA/1804/2019 ORDER

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to powers of Investigating Agency to file an
application before the competent Court for his
remand. He further submits 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. Learned
advocate, therefore, submitted that considering
the above facts, the applicant may be granted
anticipatory bail.

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4.Learned Additional Public Prosecutor appearing
on behalf of the respondent – State has opposed
this application and pointed out that another
FIR being Prohibition C.R. No.11 of 2017 is
registered against the applicant and, therefore,
this Court may not entertain this application.

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

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6. This Court has also considered the following aspects:

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(i)learned advocate for the applicant has
produced record a copy of the order dated
04.09.2017 passed by the Sessions Court, Rajkot,
in Criminal Misc. Application No.1963 of 2017.
By way of the said order, the Sessions Court has
released the applicant on regular bail in

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Page 2 of 5

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R/CR.MA/1804/2019 ORDER

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connection with FIR being Prohibition C.R. No.11
of 2017 and, therefore, it cannot be said that
the applicant is absconder; and

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(ii)this Court has released co-accused Vinubhai
Shivabhai Paraliya by order dated 01.02.2019
passed in Criminal Misc. Application No.1787 of
2019. Similar allegations are levelled against
the applicant.

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7.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. Vs. State of Punjab, as reported at
(1980) 2 SCC 665.

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8.In the result, the present application is
allowed. The applicant is ordered to be released
on bail in the event of his arrest in connection
with a FIR being C.R.No.III–56 of 2018
registered with Chotila Police Station, District
Surendranagar,on his executing 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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(a) shall cooperate with the investigation and make himself available for interrogation whenever required;

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Page 3 of 5

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R/CR.MA/1804/2019 ORDER

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(b) shall remain present at concerned Police Station on 22.02.2019 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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9. 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

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Page 4 of 5

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R/CR.MA/1804/2019 ORDER

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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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10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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

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(VIPUL M. PANCHOLI, J)

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piyush

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Page 5 of 5

Vijay Gordhanbhai Sarvaiya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vijay Gordhanbhai Sarvaiya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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