Gujarat High Court
Patel Sandipkumar Rameshbhai vs State Of Gujarat on 8 December, 2023
NEUTRAL CITATION
R/CR.A/1561/2023 ORDER DATED: 08/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 1561 of 2023
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PATEL SANDIPKUMAR RAMESHBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1,2,3,4
MS. BHAVNA D ACHARYA(6406) for the Opponent(s)/Respondent(s) No. 2
MS CM SHAH, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/12/2023
ORAL ORDER
1. The present appeal is filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") read with Section 438 of the Code of Criminal Procedure, 1973, the appellants accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11188003230189 of 2023 with Bhiloda Police Station, Arvalli for the offences punishable u/s 498(A), 323, 504, 506(2), 114 of the IPC and u/s 3(1)(r), 3(1)(s), 3(2)(va) of the Atrocities Act.
2. Learned advocate for the appellants submits that considering the nature of allegations, role attributed to the appellants, the appellants may be enlarged on anticipatory bail by imposing suitable conditions.
3. Learned advocate for the complainant while objecting present appeal submits that prima facie offence under Atrocities Page 1 of 5 Downloaded on : Fri Dec 08 20:48:25 IST 2023 NEUTRAL CITATION R/CR.A/1561/2023 ORDER DATED: 08/12/2023 undefined Act is made out against the appellants as complainant was treated differently as she was harassed using words against her Caste. Therefore, she submits that the appeal may be dismissed.
4. Learned Additional Public Prosecutor opposed grant of anticipatory bail looking to the nature and gravity of the offence. Upon such submissions, she prays to dismiss the appeal.
5. Heard the learned Advocates for the respective parties and perused the papers.
6. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to exercise discretion in favour of the appellants for the following reasons : -
(1) Dispute is arising between husband and wife where allegation of physical and mental cruelty is alleged. (2) Entire family of husband is arrayed as accused. (3) Looking to FIR, general allegations of wear and treat is made.
(4) No case of custodial interrogation is placed on record. (5) Maximum punishment for the alleged offence of IPC is less than 7 years.
(6) Learned advocate for the appellants submits that the appellants are ready and willing to co-operate investigation.Page 2 of 5 Downloaded on : Fri Dec 08 20:48:25 IST 2023
NEUTRAL CITATION R/CR.A/1561/2023 ORDER DATED: 08/12/2023 undefined
7. In above consideration, the appellant has made out prima facie case to get the anticipatory bail. This Court is conscious that statutory bar is operating while granting anticipatory bail under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. But looking to the above reasons along with prima facie case, nature and gravity of the accusation and severity of the punishment as well as absence of flight-risk character, behaviour, means and position of the accused as well as non-likelihood of the offence being repeated and taking assistance of the judgment of the Hon'ble Apex Court in the case of Prithviraj Chauhan vs Union of India, reported in (2020) 4 SCC 727, this is a fit case to exercise jurisdiction.
8. Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present appeal.
9. In the result, the present appeal is allowed by directing that in the event of appellants herein being arrested in connection with the FIR being C.R.No.11188003230189 of 2023 with Bhiloda Police Station, Arvalli, the appellants shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like Page 3 of 5 Downloaded on : Fri Dec 08 20:48:25 IST 2023 NEUTRAL CITATION R/CR.A/1561/2023 ORDER DATED: 08/12/2023 undefined amount on the following conditions that they:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 13.12.2023 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the appellants;
(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;
(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;
(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;
(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
(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.
10. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the appellants. The appellants 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 Page 4 of 5 Downloaded on : Fri Dec 08 20:48:25 IST 2023 NEUTRAL CITATION R/CR.A/1561/2023 ORDER DATED: 08/12/2023 undefined 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. It is clarified that the appellants, 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.
11. If breach of any of the above conditions is committed by the appellants, the concerned learned Judge will be free to take appropriate action in the matter. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the appellants on bail. It is needless to say, the observations made hereinabove are only tentative in nature and the trial Court shall not be influenced by the aforesaid observation.
Direct service is permitted.
(J. C. DOSHI,J) SATISH Page 5 of 5 Downloaded on : Fri Dec 08 20:48:25 IST 2023