Allowed

Masungbhai Uamabhai Patel v. State of Gujarat

Gujarat HC14 Feb 2019CR.MA/23925/2018

Case brief

AI extract

What is this about?

High Court of Gujarat granted anticipatory bail to an applicant accused under Section 438 CrPC in connection with an FIR for murder. The applicant was ordered to execute a personal bond with a surety, cooperate with investigation, and abide by standard bail conditions, while reserving the right for the investigating agency to file for police remand.

What did the court decide?

Application allowed; applicant to execute personal bond of Rs. 10,000/- with one surety of like amount and comply with set conditions.

Masungbhai Uamabhai Patel Vs State of Gujarat — Bail and Remand | Gujarat HC (2019)

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R/CR.MA/23925/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 23925 of 2018

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MASUNGBHAI UAMABHAI PATEL

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Versus

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STATE OF GUJARAT

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Appearance:

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MR TUSHAR CHAUDHARY(5316) 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 : 14/02/2019

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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 for anticipatory bail in connection
with the FIR being C.R. No.I-92 of 2015
registered with Dhanera Police Station,
District Banaskanthafor the offenses
punishable under Section 304 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. 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

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Page 1 of 5

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R/CR.MA/23925/2018 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 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.LearnedAdditionalPublicProsecutor

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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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5.Having heard the learned advocates for the
parties and perusing the material placed on
record as well as considering 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. 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.

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Page 2 of 5

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R/CR.MA/23925/2018 ORDER

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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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6.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.I-92

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of 2015 registered with Dhanera Police
Station, District Banaskanthaon 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 21.2.2019 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,

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Page 3 of 5

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R/CR.MA/23925/2018 ORDER

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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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7.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 applicant, even if,
remanded to the police custody, upon completion
of such period of police remand, shall be set

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Page 4 of 5

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R/CR.MA/23925/2018 ORDER

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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 the present order.
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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SRILATHA

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Page 5 of 5

Masungbhai Uamabhai Patel v. State of Gujarat

Case brief

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Masungbhai Uamabhai Patel v. State of Gujarat

Case brief

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