Allowed

Bharatbhai @ Vijaybhai Govindbhai Parmar v. State of Gujarat

Gujarat HC20 Jul 2020CR.MA/8844/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat granted anticipatory bail to the applicant under Section 438 CrPC. The court imposed conditions including a personal bond, presence at a specified date, cooperation with investigation, and restrictions on inducement or leaving India. It clarified the Investigating Agency's right to seek police remand.

What did the court decide?

Application allowed; applicant to be released on anticipatory bail upon arrest subject to personal bond of Rs. 10,000/-, one surety, and seven specified conditions including presence on 24.07.2020 and

Bharatbhai @ Vijaybhai Govindbhai Parmar Vs State of Gujarat — Anticipatory Bail | Gujarat HC (2020)

¶1

R/CR.MA/8844/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 8844 of 2020

¶4

================================================= BHARATBHAI @ VIJAYBHAI GOVINDBHAI PARMAR

¶5

Versus

¶6

STATE OF GUJARAT

¶7

=================================================

¶8

Appearance:

¶9

MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1 MS MAITHILI MEHTA APP (2) for the Respondent(s) No. 1 =================================================

¶10

CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

¶11

Date : 20/07/2020

¶12

ORAL ORDER

¶13

[1] Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

¶14

[2] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No. I – 11186007200083 of 2020 before Talala Police Station, District: Gir Somnath for the offences under Sections 406, 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code.

¶15

[3] Learned advocate for the applicant has submitted that the co-accused namely Vijaybhai @ Vibhubhai Bipinbhai

¶16

Page 1 of 5

¶17

R/CR.MA/8844/2020 ORDER

¶18

Pateliya has been released on bail by the Sessions Court. He has submitted that the present applicant has been falsely implicated in the offence and qua the other accused persons, the charge-sheet has been filed and during the course of the investigation, no any material has been found against the present applicant. He has submitted that the present applicant has been involved in the offence only on the basis of the statement of the co-accused. He has submitted that similarly situated co-accused have been enlarged either on anticipatory bail or regular bail.

¶19

[4] Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant will be available during the course of investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

¶20

[5] 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 the competent Court for his remand. Learned advocate for the applicant further submits that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.

¶21

Page 2 of 5

¶22

R/CR.MA/8844/2020 ORDER

¶23

[6] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail on the grounds that considering the nature and gravity of the offence.

¶24

[7] Having perused the materials 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.

¶25

[8] This Court has considered following aspects;

¶26

(I) The charge-sheet has been filed;

¶27

(ii) The role attributed to the applicant - accused;

¶28

(ii) That other co-accused are enlarged on bail;

¶29

[9] This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Shri Gurubaksh Singh Sibbia & Ors. , as reported at (1980) 2 SCC 665 and in the case of Sushila Aggarwal Vs. State (NCT of Delhi) reported in AIR 2020 SC 831 .

¶30

[10] In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR registered as C.R No. I – 11186007200083 of 2020 before Talala Police Station, District: Gir Somnath, the applicant shall be released on

¶31

Page 3 of 5

¶32

R/CR.MA/8844/2020 ORDER

¶33

bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount on the following conditions that the applicant shall :

¶34

(a) cooperate with the investigation and make available for interrogation whenever required;

¶35

(b) remain present at concerned Police Station on 24.07.2020 between 11.00 a.m. and 2.00 p.m.;

¶36

(c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the court or to any police officer;

¶37

(d) not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

¶38

(e) at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

¶39

(f) 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

¶40

(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;

¶41

[11] Despite this order, it would be open for the

¶42

Page 4 of 5

¶43

R/CR.MA/8844/2020 ORDER

¶44

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 free immediately, subject to other conditions of this anticipatory bail order. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute. Application is disposed of accordingly.

¶45

[12] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the petitioner is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

¶46

(A. P. THAKER, J)

¶47

VR PANCHAL / KUMAR ALOK

¶48

Page 5 of 5

Bharatbhai @ Vijaybhai Govindbhai Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bharatbhai @ Vijaybhai Govindbhai Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pratapbhai Shivubha Solanki Vs State of Gujarat

Ramabhai Simabhai Rathwa Vs State of Gujarat

Hiteshkumar Sureshbhai Jadav (Zapadiya) Vs State of Gujarat

Prabhubhai Kanabhai Koli Vs State of Gujarat

Sanjeev S/O Satyanarayan Ramavatar Chaudhary Vs State of Gujarat

Ashwin @ Avinash Kantibhai Patel Vs State of Gujarat