Allowed

Thakor Pravinji Chamanji v. State of Gujarat

Gujarat HC7 Feb 2019CR.MA/2240/2019

Case brief

AI extract

What is this about?

The Gujrat High Court granted anticipatory bail to the applicant under Section 438 CrPC regarding an FIR under the Prohibition Act. The Applicant was ordered to execute a personal bond with conditions including availability for interrogation and surrender at the police station.

What did the court decide?

Application allowed. Applicant ordered to be released on bail upon arrest via personal bond of Rs.10,000 with conditions.

Thakor Pravinji Chamanji Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/2240/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2240 of 2019

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THAKOR PRAVINJI CHAMANJI

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Versus STATE OF GUJARAT

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Appearance:

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MR NEEL B DAVE(9651) for the PETITIONER(s) No. 1 MR MITESH AMIN, PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 07/02/2019 ORAL ORDER

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1. Rule . Mr.Mitesh Amin, learned Public Prosecutor, waives service of notice of Rule on behalf of respondent-State.

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2. 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 Prohibition C.R.No.307 of 2018 registered with Visnagar City Police Station, District Mehsana , for the offences punishable under Sections 65(a) (e), 116B and 81 of the Indian Penal Code.

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3. 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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4. Learned advocate for the applicant on

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Page 1 of 5

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R/CR.MA/2240/2019 ORDER

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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 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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5.Learned 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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6.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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7. This Court has also considered the following aspect:

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(i)liquor worth Rs.11,000/- was found from the
house of original accused No.1 and on the basis
of the statement of the co-accused, the
applicant is implicated and, therefore, though
there are seven other cases registered against

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Page 2 of 5

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R/CR.MA/2240/2019 ORDER

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the applicant under the Prohibition Act, this
Court is inclined to exercise discretion in
favour of the applicant; and

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(ii)after the year 2016, no offence is
registered against the applicant under the
Prohibition Act.

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8.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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9.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 Prohibition C.R.No.307 of 2018
registered with Visnagar City Police Station,
District Mehsana,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 14.02.2019 between 11.00 a.m. and 2.00 p.m.;

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Page 3 of 5

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R/CR.MA/2240/2019 ORDER

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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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10. 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

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Page 4 of 5

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R/CR.MA/2240/2019 ORDER

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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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11. 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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12. 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

Thakor Pravinji Chamanji v. State of Gujarat

Case brief

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Thakor Pravinji Chamanji v. State of Gujarat

Case brief

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