LAWS(GJH)-2015-12-63

ARVINDBHAI MADHABHAI KHANIYA Vs. STATE OF GUJARAT

Decided On December 15, 2015
Arvindbhai Madhabhai Khaniya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr.Hriday Buch, learned advocate for the applicants and Ms.M.D.Mehta, learned Additional Public Prosecutor for the respondent -State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR being C.R.No.I - 83 of 2015 registered with Junagadh Taluka Police Station, Junagadh, for the offences punishable under Sections 143, 147, 148. 149, 435, 436, 427, etc. of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(3.) Mr.Buch, learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. Learned advocate for the applicants on instructions states that the applicants are 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 their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants -accused to oppose such application on merits may be kept open. 5. 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. I have heard learned advocates appearing on behalf of the respective parties and considered the allegations leveled against the present applicants in the FIR and also considered the role attributed to the present applicants. Applicant No.1 is Sarpanch of the concerned Village, who prima facie restrained the complainant from taking pipeline, in which, applicant No.1 was attacked and sustained injuries. An FIR being C.R.No.I -82 of 2015 has been lodged by the applicant No.1 against the complainant and his relatives for the offence punishable under sections 324, 323, 504, 506, 114 of the Indian Penal Code and Section 319 of Atrocities Act and Section 25(1)(a) and 25(1)(b) of the Arms Act. I have also gone through the statements of the witnesses. 7. 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 and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia and Ors., reported in (1980)2 SCC 565. 8. Learned counsel for the parties do not press for further reasoned order. 9. In the result, the present application is allowed by directing that in the event of applicants herein being arrested pursuant to FIR being C.R.No.I - 83 of 2015 registered with Junagadh Taluka Police Station, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/ - each (Rupees Ten Thousands only) with one local surety of like amount, on the following conditions: