Kanubhai Vallabhbhai Mistri. Vs. State of Gujarat and anr. - Court Judgment

Excerpt:

[p. sathasivam ; h.l. gokhale, j.j.] - the indian penal code, 1860 section 302 - punishment for murder -- sunil yadav s/o musafir yadav was instituted. sunil yadav was instituted. on 29.04.1997, about 5:30 a.m., at nawada sadar hospital, si anil kumar gupta recorded the statement of sunil yadav s/o musafir yadav and on the basis of his statement fir no 12/97 was registered with govindpur p.s under sections 147, 148, 149, 323, 324, 307, 447 ipc against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, suresh yadav, umesh yadav, muni yadav and naresh yadav. the charge-sheet bearing no. 12/97 was submitted in fir no. 11/97 p.s. govindpur, on 30.06.1997 against brahamdeo yadav, sunil yadav, darogi mahto, maho yadav, paro mahto, kuldeep yadav, sudhir yadav, bale yadav, shivan yadav and suraj yadav and sunil yadav who was later instituted. the charge sheet bearing no. 36/97 was also submitted in fir no. 12/97 p.s. govindpur, on 17.12.1997 against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, umesh yadav, muni yadav and naresh yadav except suresh yadav s/o kesho yadav as he..........app for the respondent state.4. having heard 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 applicant.5. learned counsel for the parties do not press for further reasoned order.6. in the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to complaint being criminal misc. case no. 57 of 2010 in the court of chief judicial magistrate, at navsari, the applicant shall be released on bail on furnishing a bond of rs.5,000/- (rupees five thousand only) with one surety of like amount on following conditions :-a. shall cooperate with the investigation and make available for whenever required;b. shall remain present at the concerned police station on 27.01.2011 at 11.00 a.m.;c. shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for.....

Judgment:

1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with complaint being Criminal Misc. Case No. 57 of 2010 in the court of Chief Judicial Magistrate, at Navsari for the offences punishable under Sections 465, 466, 467, 468, 470, 471, 474, 420, 114 & 120(B) of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has roots in the society, will not flee from justice and will cooperate with the investigation as and when called for. It is further submitted that considering the nature of allegations and role attributed to the applicant and other attending circumstances, the applicant may be granted anticipatory bail.

3. Heard Learned APP for the respondent State.

4. Having heard 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 applicant.

5. Learned counsel for the parties do not press for further reasoned order.

6. In the result, this application is allowed by directing that in the event of the applicant herein being arrested pursuant to complaint being Criminal Misc. Case No. 57 of 2010 in the court of Chief Judicial Magistrate, at Navsari, the applicant shall be released on bail on furnishing a bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of like amount on following conditions :-

a. shall cooperate with the investigation and make available for whenever required;

b. shall remain present at the concerned Police Station on 27.01.2011 at 11.00 a.m.;

c. shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;

d. at the time of execution of bond, furnish the address to the Investigating Officer and the court concerned and shall not change the residence till the final disposal of the case of till further orders;

e. will not leave India without the permission of the Court and, if is holding a passport, shall surrender the same before the trial Court within a week;

f. it would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits; g. this order will be operative if the applicant is arrested at any time within a period of 90 days;

h. within a period of ten days from the date of arrest, the applicant shall apply for regular bail which application shall be decided by the competent Court in accordance with law without being influenced by the fact that anticipatory bail was granted.

8. With these directions, this Criminal Misc. Application is disposed of. Rule is made absolute. Direct Service is permitted.