Badri Hiralal Jat vs State Of Gujarat
2021 Latest Caselaw 7317 Guj

          R/CR.MA/8851/2021                        ORDERDATED:30/06/2021




                 IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                  R/CRIMINALMISC.APPLICATIONNO. 8851of 2021

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                              BADRIHIRALALJAT
                                   Versus
                              STATEOF GUJARAT
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Appearance:
MRBC DAVE(245)for the Applicant(s)No. 1
MR.HIMANSHUK PATEL,APPfor the Respondent(s)No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA

                               Date: 30/06/2021

                                ORALORDER

[1] Heard the learned advocates for the respective parties by video conferencing.

[2] By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No. III- 323/2017 registered with Vapi Town Police Station, District- Valsad for the offences under Sections 65-A, 65-E, 81 and 98(2) of the Gujarat Prohibition Act.

[3] Learned advocate Mr.B.C.Dave for the applicant has submitted that the muddamal of illegal liquor of Rs.16,87,200/-, which was recovered and the tempo does not belong to the applicant. It is submitted that the applicant is alleged to be the receiver of the muddamal, as per the statement of the co-accused. It is further submitted that two co-accused were released on regular bail by the trial Court vide judgment dated18.11.2017 and 08.02.2019 passed in Criminal Misc. Application (S) No.3100 of 2017 and Criminal Misc. Application (S) No.306 of 2019. It is further submitted that

R/CR.MA/8851/2021 ORDERDATED:30/06/2021

the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He has further submitted that the applicant will keep himself available during the course of investigation, as well as in the trial also and will not flee from justice.

[4] Learned advocate for the applicant, upon instructions, has submitted 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. He has further submitted that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, has submitted that considering the above facts, the applicant may be granted anticipatory bail.

[5] On the other hand, the 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.

[6] 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, at this stage, I am inclined to grant anticipatory bail to the applicant.

[7] This Court has considered following aspects;

(a) The role attributed to the applicant;

(b)Main accused has been acquitted vide judgment dated 08.02.2019;

(b) The FIR is of the year 2017 and the applicant is yet not arrested;

R/CR.MA/8851/2021 ORDERDATED:30/06/2021

(d) Considering the facts of the case, the custodial interrogation of the applicant at this stage is not necessary.

[8] This Court has also taken into consideration the law laid down by the Apex Court in the cases of Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020 SC 831 and Siddharam Satlingappa Mhetre vs State of Maharashtra, A.I.R. 2011 S.C. 312.

[9] 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 FIR being C.R. No. III-323/2017 of 2017 registered with Vapi Town Police Station, District-Valsad on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that he :

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

(b) shall remain present at the concerned Police Station on 08.07.2021 between 11.00 a.m. and 2.00 p.m.;

(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 concerned trial court and if having passport shall deposit the same before the concerned trial court within a week.

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

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agency to apply to the competent Magistrate, for police remand of the applicant, if he considers it proper and just and the Magistrate would decide it on merits. The applicant shall remain present before the concerned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the concerned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining the 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 concerned 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.

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

[12] The application is allowed in the aforesaid terms. RULE is made absolute to the aforesaid extent. Registry is directed to send a copy of this order to the concerned authority / court through Fax message, email and/or any other suitable electronic mode.

[13] Learned advocate for the applicant is also permitted to send a copy of this order to the concerned authority/court through Fax message, email and/or any other suitable electronic mode.

(A. S. SUPEHIA,J) NABILA