Gujarat High Court
Ghanchi Sarfaraz Mohmadbhai vs State Of Gujarat on 22 June, 2021
Bench: A.S. Supehia
R/CR.MA/3875/2021 ORDER DATED: 22/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3875 of 2021
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GHANCHI SARFARAZ MOHMADBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 22/06/2021
ORAL ORDER
Learned APP has supplied the report. The same is ordered to be
taken on record.
1. The present application has been filed inter alia seeking the
following prayer:-
"10.A.That this Hon'ble Court may be pleased to quash and set aside
the order dated 17.02.2021 passed by the learned Additional Sessions
Judge, Mehsana allowing Criminal Misc. Application No.48 of 2020
and cacelling the order of anticipatory bail granted in favour of the
applicant dated 15.02.2019 passed in Criminal Misc. Application
No.231 of 2019 and in turn be pleased to release the applicant on
anticipatory bail in case of his arrest in connection with the offence
registered vide C.R. No.I-178/2018, under Sections 395, 397, 143, 147,
148, 149, 452, 427, 324, 323, 405 and 506(2) of the Indian Penal Code
and under Section 135 of the Gujarat Police Act with Kadi Police
Station, District Mehsana."
2. Learned advocate Mr.Zubin Bharda appearing for the applicant has
submitted that the applicant was released on anticipatory bail vide order
dated 15.02.2019 passed in Criminal Misc. Application No.231 of 2019
for the aforenoted offence and he was asked to remain present on
01.03.2019 before the Investigating Officer as per the condition no.1
incorporated in the order, however, the applicant did not remain present.
R/CR.MA/3875/2021 ORDER DATED: 22/06/2021
It is submitted that subsequently the applicant, who was arraigned as an
accused in the FIR being C.R. No.I-178 of 2018 registered with Kadi
Police Station, District Mehsana for the offence punishable under
Sections 395, 397, 143, 147, 148, 149, 452, 427, 324, 323, 405 and
506(2) of the Indian Penal Code, 1860 (for short "the IPC") and under
Section 135 of the Gujarat Police Act, the applicant was released on
regular bail by this Court vide order dated 21.05.2020 passed in Criminal
Misc. Application No.6976 of 2020. He has submitted that after the
applicant was released on bail, an application for cancellation of bail was
filed on the ground of non compliance of the condition no.1, which was
envisaged in the aforesaid order dated 15.02.2019 releasing the applicant
on anticipatory bail. He has submitted that the applicant was in jail. He
has submitted that the applicant could not comply with the order dated
15.02.2019, the trial court vide judgment and order dated 17.02.2021
passed in Criminal Misc. Application No.48 of 2020 cancelled the order
dated 15.02.2019 granting anticipatory bail to the present applicant. He
has submitted that the applicant is ready and willing to comply with all
the conditions as would be directed by this Court. It is submitted that
since the present applicant was released on anticipatory bail for the
aforesaid offence, the present application may be allowed as now he will
not be committing any default in complying with the conditions.
3. Vehemently opposing the aforesaid submission, learned APP has
submitted that the applicant is a habitual offender. He has submitted that
the applicant has committed two offences after this offence and one
before the offence for which he was granted anticipatory bail. He has
submitted that the order of the trial court granting him anticipatory bail
was passed on 15.02.2019 and he was asked to remain present on
01.03.2019, since he was involved in some other offence of Section 307
of the IPC, the applicant was not cooperating and he was arrested on
25.12.2019 in the offence. Thus, he has submitted that for six months the
R/CR.MA/3875/2021 ORDER DATED: 22/06/2021
applicant did not comply with the aforesaid order and hence, the
application was filed before the trial court for cancellation of bail, which
was ultimately allowed in light of the aforesaid non-cooperation of the
applicant. Thus, he has submitted that the present application may not be
entertained.
4. It is established fact that the offence, which was registered vide
C.R. No.I-178 of 2018 registered with Kadi Police Station, District
Mehsana under Sections 395, 397, 143, 147, 148, 149, 452, 427, 324,
323, 405 and 506(2) of the IPC and under Section 135 of the Gujarat
Police Act, the applicant had approached the trial court seeking
anticipatory bail application being Criminal Misc. Application No.231 of
2019. After hearing the respective parties and on analyzing the complicity
of the present applicant on merits, the trial court was pleased to pass the
order dated 15.02.2019 allowing the application of the present applicant
and the applicant was released on anticipatory bail. The condition no.1 of
the said order directs the applicant to remain present on 01.03.2019
before the Investigating Officer. It appears that the applicant did not
comply with the aforesaid directions and an application for cancellation
of bail being Criminal Misc. Application No.48 of 2020 was filed before
the trial court. The court of Additional Sessions Judge vide order dated
17.02.2021 cancelled the order dated 15.02.2019 granting anticipatory
bail to the present applicant on the ground of non compliance of condition
no.1.
5. At this stage, it would be pertinent to note that the applicant, who
was embroiled in one another offence being C.R. No.I-186 of 2018
registered with Kadi Police Station for the offence punishable under
Section 307 of the IPC etc., noted hereinabove and the Coordinate Bench
of this Court vide order dated 21.05.2020 passed in Criminal Misc.
Application No.6976 of 2020 released him on regular bail. This Court
R/CR.MA/3875/2021 ORDER DATED: 22/06/2021
does not find any error in the order of the trial court in cancelling the bail
application for non compliance of condition no.1, however, this Court is
of the considered opinion that the applicant can be granted one more
chance to appear before the Investigating Officer to show his bona fide
with regard to cooperating in the investigation. This Court cannot be
oblivious of the fact that the applicant was granted anticipatory bail by
the trial court vide order dated 15.02.2019, after examining the matter on
merits with regard to complicity of the applicant in the offence.
6. In light of the aforesaid observations, this Court is inclined to pass
the order in favour of the applicant. Accordingly, the impugned order
dated 17.02.2021 cancelling the bail application of the applicant is
quashed and set aside and the applicant is ordered to be released on
anticipatory bail. The order dated 15.02.2019 passed in Criminal Misc.
Application No.231 of 2019 is restored with the modification of condition
no.1 to the effect that the applicant shall remain present on 01.07.2021
before the Investigating Officer.
7. The present application is allowed. Rule is made absolute to the
aforesaid extent.
(A. S. SUPEHIA, J)
ABHISHEK
