Gujarat High Court
Santoshbhai Ramabhai Parmar vs State Of Gujarat on 1 December, 2023
NEUTRAL CITATION
R/CR.A/2203/2023 ORDER DATED: 01/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 2203 of 2023
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SANTOSHBHAI RAMABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Appellant(s) No. 1
MR PM DAVE(263) for the Opponent(s)/Respondent(s) No. 2
MR.SAFWANKHAN M SINDHI(9889) for the Opponent(s)/Respondent(s) No.
2
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/12/2023
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 appellant
accused has prayed to release him on anticipatory bail in the
event of their arrest in connection with the FIR being C.R.
No.11207050230402 of 2023 with Pavagadh Police Station for
the offences punishable u/s 323, 504, 506(2) of the IPC, u/s 135
of the G.P. Act and u/s 3(1)(r), 3(1)(s), 3(2)(va) of the Atrocities
Act.
2. Learned advocate for the appellant submits that
considering the nature of allegations, role attributed to the
appellant, the appellant may be enlarged on anticipatory bail by
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imposing suitable conditions.
3. Learned Additional Public Prosecutor as well as learned
advocate for the complainant appearing on behalf of the
respondent-State and respondent complainant respectively have
opposed grant of anticipatory bail looking to the nature and
gravity of the offence. Upon such submissions, both the learned
advocates pray to dismiss the appeal.
4. Heard the learned Advocates for the respective parties and
perused the papers.
5. 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 appellant for
the following reasons : -
(1) There is no evidence showing that the appellant has caused
any injury to the complainant.
(2) Relevant and essential ingredients under the Atrocities Act
are not attracted on prima facie reading of the documents.
(3) The case is otherwise for offence punishable u/s 323, 504
and 506(2) of the IPC and none of the offences have maximum
punishment of more than seven years. Thus, in that
circumstances, guidelines issued in the case of Arnesh Kumar
v/s. State of Bihar [(2003 (8) SCC 273] reiterated in the case of
Md. Asfak Alam Vs. The State of Jharkhand and another
reported in 2023 INSC 660 and pursuant to which, Circular
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No.C.2703/81 issued by this Court shall be followed.
(4) There is no MLC certificate to indciate that the victim has
received any injury.
(5) Even, essential ingredients of offence punishable u/s 504
and 506(2) of the IPC are also not made out, as barely, there are
words of passing threat of life, nothing more than that.
(6) Even, after considering what is stated in the FIR alleged to
have attracted the offence under the provisions of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
and it does not constitute casteist slur and derogated to a
particular caste or said to have been spoken into public place.
6. 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.
7. 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
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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.
8. In the result, the present appeal is allowed by directing
that in the event of appellant herein being arrested in connection
with the FIR being C.R. No.11207050230402 of 2023 with
Pavagadh Police Station, the appellant shall be released on 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 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 7.12.2023 and 8.12.2023 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
appellant;
(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
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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.
9. Despite this order, it would be open for the Investigating
Agency to apply to the competent Magistrate, for police remand
of the appellant. The appellant 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. It is clarified
that the appellant, 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.
10. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while enlarging the
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appellant 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)
SHEKHAR P. BARVE
