Allowed

Tilokchand Mulchandbhai Khilwani v. State of Gujarat

Gujarat HC7 Dec 2021CR.MA/18978/2021

Case brief

AI extract

What is this about?

Ahmedabad High Court granted anticipatory bail to the applicant accused under Section 438 CrPC. The court found no need for custodial interrogation and set conditions including bail bond of Rs 25,000, deposit of balance amounts, and availability for interrogation.

What did the court decide?

Released on bail via personal bond of Rs. 25,000 with one surety; directed to appear at police station on 12.01.2022; restricted from influencing witnesses.

Tilokchand Mulchandbhai Khilwani Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/18978/2021 ORDER DATED: 07/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 18978 of 2021

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======================================= TILOKCHAND MULCHANDBHAI KHILWANI

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Versus

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STATE OF GUJARAT

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======================================= Appearance:

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MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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Date : 07/12/2021

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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. 11191011210066 of 2021, registered with DCB Police Station, District: Ahmedabad City for the offences punishable under Sections 409, 465, 467, 468, 471, 120-B and 34 of the Indian Penal Code, 1860 (IPC) r/w. Sections 3 and 7 of the Essential Commodities Act, Sections 34, 35 and 37 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and Sections 66(c) and 66(d) of the I.T. Act.

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Heard learned advocate Mr. Vaibhav Vyas for the applicant and learned APP Ms. Moxa Thakkar for the respondent – State.

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The learned advocate for the applicant has submitted that the applicant is apprehending arrest in connection with the aforesaid FIR. It is submitted that the learned Sessions Judge has

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Page 1 of 5

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R/CR.MA/18978/2021 ORDER DATED: 07/12/2021

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rejected the application filed by the present applicant for grant of anticipatory bail. The learned advocate for the applicant further submitted that the applicant is charged with the aforesaid offences, however, the ingredients of the said offences are not satisfied. It is submitted that the applicant has already deposited Rs.26,000/-, as directed, before the trial Court concerned and is ready to deposit the rest, as may be directed by the Court. Further, the co-accused have been released on bail. Accordingly, in the facts and circumstances of the case, it is urged that present applications may kindly be allowed and the applicants may be granted anticipatory bail.

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3.1 The learned advocate for the applicant has further submitted that the applicant will keep himself available during the course of investigation as well as during trial and will not flee from justice.

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3.2 The 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 remand. It is further submitted 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. The learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

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Per contra , the learned APP appearing on behalf of the respondent – State has opposed the grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted

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Page 2 of 5

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R/CR.MA/18978/2021 ORDER DATED: 07/12/2021

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that from the investigation carried out so far, prima facie case has been made out against the present applicant – accused and accordingly, this being an anticipatory bail, it is urged that the same may not be entertained and the application is requested to be dismissed.

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Having heard the arguments advanced by 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 applicant – accused, more particularly, the fact that the applicant has deposited an amount of Rs.26,000/- and is ready to deposit the rest if any, and the fact that the co-accused have been released on bail, without discussing the evidence in detail, at this stage, the Court is inclined to exercise discretion in favour of the applicant. As per catena of decisions of the Apex Court there are mainly two factors which are required to be considered by this Court:

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i) prima facie case;

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ii) requirement of accused for custodial interrogation.

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5.1 Therefore, in the facts and circumstances of the present case, the Court is inclined to consider the case of the applicant.

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5.2 The Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors. (2011) 1 SCC 694 , wherein the Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab , (1980) 2 SCC 565 . Further, the Court has also taken into consideration the ratio laid down in the

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R/CR.MA/18978/2021 ORDER DATED: 07/12/2021

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case of Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Anr., MANU/SC/0100/2020 (passed in Special Leave Petition No. 7281–7282/2017 on 29.01.2020 ).

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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 the above-referred FIR on executing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of like amount on the following conditions:

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

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b) shall remain present at concerned Police Station on 12.01.2022 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 concerned trial Court and if having passport shall deposit the same before the concerned trial Court within a week;

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g) shall deposit the rest amount, if any, before the trial Court concerned within a week;

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h) 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 the remand application without being influenced of the observations made by this Court.

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R/CR.MA/18978/2021 ORDER DATED: 07/12/2021

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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.

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7.1 At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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Rule is made absolute accordingly. Direct service is permitted.

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[ A. C. Joshi, J. ]

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hiren /57

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Tilokchand Mulchandbhai Khilwani v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Tilokchand Mulchandbhai Khilwani v. State of Gujarat

Case brief

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What did the court decide?

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