Gujarat High Court

Rajubhai Gangaji Piraji Vanzara vs State Of Gujarat on 21 February, 2024

                                                                                   NEUTRAL CITATION




      R/CR.A/89/2024                               ORDER DATED: 21/02/2024

                                                                                   undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (CANCELLATION OF BAIL) NO. 89 of 2024
                              With
           R/CRIMINAL MISC.APPLICATION NO. 2414 of 2024
==========================================================
                       RAJUBHAI GANGAJI PIRAJI VANZARA
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance in Cr.A. No.89 of 2024:
ANMOL SUROLLIA(9379) for the Appellant(s) No. 1
MR VIRAT G POPAT(3710) for the Opponent(s)/Respondent(s) No. 2
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
Appearance in Cr.M.A.No.2414 of 2024:
MR VIRAT G POPAT for the Petitioner
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 21/02/2024

                                ORAL ORDER

1. By way of the present appeal being Criminal Appeal No.89 of 2024 under Section 14(A) of the Atrocities Act, the appellant - first informant has prayed to cancel bail granted to respondent - accused vide order dated 09.06.2023 passed by this Court in Criminal Appeal No.975 of 2023.

2. Learned advocate for the appellant submits to cancel bail granted to respondent - accused by this Court inter-alia on the ground that accused has breached condition no.(g) and he entered into District of Ahmedabad on 19.12.2023 without permission of the jurisdictional Court with an intention to pass threat and win over the witnesses. Therefore, another FIR (Annexure- D) was registered with Paldi Police Station for the offence under section 323, 294(b), 506(2) of IPC against the

NEUTRAL CITATION

R/CR.A/89/2024 ORDER DATED: 21/02/2024

undefined

respondent - accused. Therefore, it is clear breach of condition imposed by this Court on the part of the respondent - accused. Therefore, it is requested to allow the appeal and cancel bail granted to the respondent - accused.

3. On the other hand, learned advocate Mr.Popat for the respondent - accused fairly admitted that on that day, the respondent - accused entered into Ahmedabad City. However, he offered explanation to the effect that wife of the accused was seriously ill and son of the accused is behind bar, the accused entered into Ahmedabad City to take care of his wife and therefore, he had to rush to Ahmedabad. However, he submitted that accused is feeling remorse and tendered apology for such kind of behavior. He assured that no such kind of act shall take place during pendency of trial and accused shall scrupulously and religiously follow conditions stated in Criminal Appeal No.975 of 2023. To buttress his submission, wife of respondent accused was seriously ailing, he referred to Annexure R-1 certificate issued by Dr.I.K.Mehra. Learned advocate Mr.Popat also relied on judgment of Rajasthan High Court in the case of State of Rajasthan v/s. Mubin and Ors. [2011 SCC OnLine Raj 2683] to submit that accused can be said to have committed an offence only when Court, after considering the material before it and hearing the parties, forms an opinion to that effect, at the time of framing of charge. He also relied on judgment of Kerala High Court in the case of Renjith v/s. State of Kerala [2023 SCC Online Ker 1252] to submit that in the present case the Court has not framed charge for the offence alleged against the accused. Expanding his submission, qua anticipatory bail for the offence registered at Paldi Police Station, learned advocate

NEUTRAL CITATION

R/CR.A/89/2024 ORDER DATED: 21/02/2024

undefined

Mr.Popat submits that the accused has never met first informant. He came to Ahmedabad to take care of his ailing wife. Maximum punishment is upto 7 years and therefore, there cannot be any arrest in view of judgment of Hon'ble Apex Court 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 No.C.2703/81 issued by this Court.

4. Learned advocate for the first informant and learned APP opposed grant of bail to the respondent accused inter-alia on the ground of nature and gravity of offence. Therefore, it is submitted to dismiss the anticipatory bail.

5. Having heard learned advocates for the parties, I may refer to condition no.(g) imposed by this Court in Criminal Appeal No.975 of 2023 :

"(g) Shall remain outside Ahmedabad District till the trial is over except for attending court proceedings and shall also furnish his address to the concerned Investigating Officer."

6. It is no doubt that accused entered in Ahmedabad City without taking permission from the jurisdictional Court or any other Court concerned but whether he entered with an intention to breach condition, explanation put-forth by learned advocate Mr.Popat that wife of the accused was seriously ailing is supported by certificate issued by Dr.I.K.Mehra, which reads as under :-

"This is to certify that Mrs. Manjuben w/o Mr.

NEUTRAL CITATION

R/CR.A/89/2024 ORDER DATED: 21/02/2024

undefined

Dashrathbhal Babubhai Oad 50 yrs is suffering from on Chroure chest pain High Blood presser vertige o difficulty in Brest profatel perspiration from last 5-6 days & taking treatment under my care from 17.12.2023 evening 6:30 PM. She is very delicate & critical condition so far she needs regular treatment for long time to maintain her good health. She needed through investigation so advice for.

1. Eca with all chast

2. X-ray PA

3. Blood report regarding lungs

4. 2D echo cardiography"

7. The certificate, if read as it is indicates serious ailment of wife of accused. Son of accused is behind bar. In that circumstances, accused reached to Ahmedabad to take care of his wife. There was no intention to breach condition of bail granted by this Court. The accused is feeling remorse and tendered unconditional apology, which is taken on record. Learned advocate Mr.Popat submits that necessary affidavit of apology shall be filed by the accused.

8. Under the circumstances, no case is made out to cancel bail granted to the accused. This Court finds it fit to modify condition no.(e) imposed by this Court vide order dated 09.06.2023. The words "six months" stated in the said condition is replaced by words "till end of trial". Accordingly, Criminal Appeal No.89 of 2024 is disposed of.

9. So far as anticipatory bail application being Criminal Misc. Application No.2414 of 2024 is concerned, taking clue from the allegations levelled in the FIR against the accused vis-a-vis the judgment of Arnesh Kumar v/s. State of Bihar [(2003 (8) SCC 273] reiterated in the case of Md. Asfak Alam Vs. The State of

NEUTRAL CITATION

R/CR.A/89/2024 ORDER DATED: 21/02/2024

undefined

Jharkhand and another reported in 2023 INSC 660 and pursuant to which, Circular No.C.2703/81 issued by this Court, it is fit case to grant anticipatory to the petitioner - accused.

10. This Court while exercising discretion in favour of the petitioner of Criminal Misc. Application No.2414 of 2024 has taken into consideration law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab (1980) 2 SCC 665. This Court has also taken into consideration law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].

11. In the result, Criminal Misc. Application No.2414 of 2024 is allowed by directing that in the event of petitioner herein being arrested pursuant to FIR registered as C.R.No.11191016230321 of 2023 registered with Paldi Police Station, Ahmedabad, 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 15.03.2024 between 10.00 a.m. and 4.00 p.m.;

NEUTRAL CITATION

R/CR.A/89/2024 ORDER DATED: 21/02/2024

undefined

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;

(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;

12. 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 trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the petitioner on bail.

Direct service is permitted.

(J. C. DOSHI,J) SATISH