Allowed

Rajeshbhai Kanubhai Parmar v. State of Gujarat

Gujarat HC21 Feb 2019CR.MA/2158/2019

Case brief

AI extract

What is this about?

The High Court of Gujarat granted anticipatory bail to the applicant-accused in connection with an FIR under the Prohibition Act. The court imposed standard bail conditions, including cooperation with investigation, residence restrictions, and permission for the IO to apply for police remand if necessary.

What did the court decide?

Anticipatory bail granted on personal bond of Rs.10,000/- with one surety of like amount, subject to specific conditions including availability for interrogation and residence restrictions.

Rajeshbhai Kanubhai Parmar Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/2158/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2158 of 2019

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RAJESHBHAI KANUBHAI PARMAR

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Versus

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STATE OF GUJARAT

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Appearance:

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MR MAULIN G PANDYA(3999) for the PETITIONER(s) No. 1
MR KP RAVAL APP(2) 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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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– 2/2019 registered with Sojitra Police Station, Anand for the offenses punishable under Sections 65-E, 81 and 98(2) of the Prohibition Act.

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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 to powers of
Investigating Agency to file an application before

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Page 1 of 4

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R/CR.MA/2158/2019 ORDER

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the competent Court for his remand. He 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. 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 grant
of anticipatory bail looking to the nature and
gravity of the offence.

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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 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. It is evident from the investigation papers that there is no antecedent against the applicant and on the basis of the statement of the co-accused, who were found on the spot, the applicant is implicated. It is also evident from the call details collected by the IO, it is revealed that the applicant was not in contact with the co-accused, who were arrested from the spot.

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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., reported at [2011] 1 SCC 694 , wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the

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Page 2 of 4

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R/CR.MA/2158/2019 ORDER

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case of Shri Gurubaksh Singh Sibbia & Ors. Vs.
State of Punjab, reported at (1980) 2 SCC 665.

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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–2/2019 registered with Sojitra Police Station, Anand 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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(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 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

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Page 3 of 4

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R/CR.MA/2158/2019 ORDER

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Magistrate would decide it on merits;

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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

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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 the present order.

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

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(VIPUL M. PANCHOLI, J.)

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Gautam

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Page 4 of 4

Rajeshbhai Kanubhai Parmar v. State of Gujarat

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Rajeshbhai Kanubhai Parmar v. State of Gujarat

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