Allowed

Bhalaji Devrajji Thakor v. State of Gujarat

Gujarat HC22 Feb 2019CR.MA/307/2019

Case brief

AI extract

What is this about?

A Criminal Misc. Application for anticipatory bail under Section 438 CrPC arose in an FIR registered for offenses under the Prohibition Act. The High Court, noting the applicant's regular attendance in trial, granted anticipatory bail subject to personal bond, surety, and specific conditions including passport deposit and availability for interrogation.

What did the court decide?

Anticipatory bail granted in the event of arrest. Applicant to execute personal bond of Rs. 10,000 with one surety of like amount and comply with seven specific conditions regarding investigation, mov

Bhalaji Devrajji Thakor Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2019)

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R/CR.MA/307/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 307 of 2019

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BHALAJI DEVRAJJI THAKOR

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Versus

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STATE OF GUJARAT

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Appearance:

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MR KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR KP RAVAL APP(2) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 22/02/2019

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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– 5252/2017 registered with Khedbrahma Police Station, Sabarkantha for the offenses punishable under Sections 65E, 116B, 83 and 98(2) of the Prohibition Act.

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Learned advocate for the applicant submits that though it is mentioned in the chargesheet that the applicant is absconder, the applicant is regularly attending the concerned criminal court, wherein the trial is pending against him.

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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

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Page 1 of 4

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R/CR.MA/307/2019 ORDER

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investigation, trial also and will not flee from
justice.

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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 and also looking to the role played by the present application in the present offence, 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

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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 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–5252/2017 registered with Khedbrahma Police Station, Sabarkantha 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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Page 2 of 4

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R/CR.MA/307/2019 ORDER

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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 01.03.2019 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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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

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Page 3 of 4

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R/CR.MA/307/2019 ORDER

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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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8. 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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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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Gautam

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Bhalaji Devrajji Thakor v. State of Gujarat

Case brief

What is this about?

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Bhalaji Devrajji Thakor v. State of Gujarat

Case brief

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