Gujarat High Court
Jasvindarsingh Ranjitsingh Saini vs State Of Gujarat on 7 December, 2023
NEUTRAL CITATION
R/CR.A/2332/2023 ORDER DATED: 07/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 2332 of 2023
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JASVINDARSINGH RANJITSINGH SAINI
Versus
STATE OF GUJARAT
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Appearance:
MR CHIRAG B AYDI(13146) for the Appellant(s) No. 1,2
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1,2
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MS CM SHAH, PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/12/2023
ORAL ORDER
Rule. Learned APP waives service for the Respondent-State.
1. By way of the present petition under Section 438 of the
Code of Criminal Procedure, 1973, the petitioner has prayed to
release him on anticipatory bail in case of his arrest in
connection with the FIR registered as C.R. No.
11993007230781 of 2023 with 'B' Division Gandhidham Police
Station, District: Kachchh East-Gandhidham, under Sections
323, 324, 294(b), 506(2), 143, 147, 148, 149 of the Indian
Penal Code and Sections 3(1)(r), 3(1)(S), 3(2)(5-a) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, Section 135 of the G.P. Act.
2. Learned advocate for the petitioner submits that
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considering the nature of allegations, role attributed to the
petitioner, the petitioner may be enlarged on anticipatory bail
by imposing suitable conditions.
3. 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.
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) From the record, it appears that a minor
scuffle took place between both the sides, in
connection with the parking of the vehicle. A bare
reading of the FIR prima facie reveals that the
present FIR is nothing but the counter-blast to the
FIR filed by the daughter-in-law of the present
petitioners.
(2) None of the victims have received any serious
injury and they are all discharged from the
hospital.
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(3) The petitioners are permanent residents of
Gandhidham and therefore, there is no risk of
their evading trial.
(4) Relevant and essential ingredients under the
Atrocities Act are not attracted on prima facie
reading of the documents;
(5) None of the offences alleged in the FIR entail
punishment of more than seven years. Thus, in
that circumstances, guidelines issued in the case
of 'Arnesh Kumar v/s. State of Bihar',
reported in (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 No.C.
2703/81 is issued by this Court shall be followed;
(6) Even, essential ingredients of offence
punishable u/s 506(2) of the IPC are also not
made out;
(7) 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
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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
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 petition is allowed by directing that
in the event of applicant herein being arrested pursuant to FIR
registered as C.R. No. 11993007230781 of 2023 with 'B'
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Division Gandhidham Police Station, District: Kachchh East-
Gandhidham, the petitioner 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 the petitioner :
(a) shall cooperate with the investigation and
make himself available for interrogation whenever
required;
(b) shall remain present at concerned Police
Station on 13th & 14th December, 2023,
between 10.00 a.m. and 4.00 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 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;
9. If breach of any of the above conditions is committed by
the petitioner, 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 time of trial,
the Trial Court shall not be influenced by the prima facie
observations made by this Court while granting the petitioner
on bail. Direct service is permitted.
(J. C. DOSHI,J)
UMESH/-
