Bhargav Ramanbhai Rohit Vs. State of Gujarat - Court Judgment

Excerpt:
[r.v. raveendran; a. k. patnaik] indian penal code section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- after investigation, the police filed two challans on 02.02.2006 before the judicial magistrate, first class, ludhiana. after further investigation, the superintendent of police, city-ii, ludhiana, submitted his report to the deputy inspector general of police, ludhiana range. the relevant portion of the report of the superintendent of police, city-ii, ludhiana, which contains his conclusions after further investigation, is extracted herein below: "i found during my investigation that mohan singh, son of shri sher singh , dharmatma singh, harpal singh, jagdev singh and bhupinder singh, sons of mohan singh, residents of pullanwal, sold one plot of 1 kanal 13 marlas on 09.03.2004 to bharpur sigh, harnek singh, sons of balbir singh, jagjit singh, son of amarjit singh, gurcharan singh, son of hari dass and jagdev singh, son of harpal singh, resident of phulanawal through registered sale deed vasikha no.23895 and the mutation no.10940 duly entered in the name of purchasing party. for deciding the issue, we must first refer to the provisions of section 173 of the cr.p.c. under which the police submits reports after investigation and after further investigation, section 190 of the cr. p.c. under which the magistrate takes cognizance of an offence upon a police report and section 482 of the cr.p.c. under which the high court exercises its powers to quash the criminal proceedings. report of police officer on completion of investigation. cognizance of offences by magistrate. sub-section (8) of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report. 1. learned app, mr shah, waives service of notice of rule for and on behalf of state.2. this is an application under section 439 of criminal procedure code praying for regular bail in connection with offence registered with modasa police station, vide c.r.no.i-22 of 2011 for the offences punishable under sections 292, 294, 384, 354, 506(2) read with section 114 of ipc and section 67 of information and technology act, 2000.3. heard learned senior counsel mr nanavati for the accused-applicant and mr shah, learned app for the state. perused the fir. the parties do not press for a reasoned order.4. considering the role ascribed to the accused-applicant and the nature of allegations levelled against the accused-applicant in the fir, i am persuaded to exercise my discretion in favour of the accused-applicant taking into consideration the following aspects :-(1) the offences are magistrate triable offences except section 328, which i am informed that i.o. has filed a report for deletion of the same before the concerned trial court.(2) investigation is practically over;(3) no past antecedents and no criminal history;(4) accused is a boy aged about 22 years.5. i am of the view that the interest of the prosecution can be secured by imposing some stringent conditions.6. having regard to the facts and circumstances of the case, the applicant is ordered to be released on bail in connection c.r. no.i-22 of 2011 registered with modasa police station, on his executing a bond in the sum of rs.25,000/- (rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the lower court and subject to the conditions that he shall,1. not take undue advantage of his liberty or abuse his liberty;2. not act in a manner injurious to the interest of the prosecution;3. maintain law and order;4. mark his presence before the concerned police station on every 2^nd and 4^th sunday of every month between 10:00 am to 2:00 pm:5. not enter the revenue limits of modasa town till the trial commences except for the purpose of marking presence at the modasa police station;6. not leave the state of gujarat without prior permission of the sessions judge concerned;7. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this court;8. surrender his passport, if any, to the lower court immediately.7. if breach of any of the above conditions is committed, the sessions judge concerned will be free to take appropriate action in the matter.8. bail before the lower court having jurisdiction to try the case.9. rule is made absolute. application is disposed of accordingly. direct service is permitted.

Judgment:
1. Learned APP, Mr Shah, waives service of notice of rule for and on behalf of State.

2. This is an application under Section 439 of Criminal Procedure Code praying for regular bail in connection with offence registered with Modasa Police Station, vide C.R.No.I-22 of 2011 for the offences punishable under Sections 292, 294, 384, 354, 506(2) read with Section 114 of IPC and Section 67 of Information and Technology Act, 2000.

3. Heard learned Senior Counsel Mr Nanavati for the accused-applicant and Mr Shah, learned APP for the State. Perused the FIR. The parties do not press for a reasoned order.

4. Considering the role ascribed to the accused-applicant and the nature of allegations levelled against the accused-applicant in the FIR, I am persuaded to exercise my discretion in favour of the accused-applicant taking into consideration the following aspects :-

(1) The offences are magistrate triable offences except Section 328, which I am informed that I.O. has filed a report for deletion of the same before the concerned trial Court.

(2) Investigation is practically over;

(3) No past antecedents and no criminal history;

(4) Accused is a boy aged about 22 years.

5. I am of the view that the interest of the prosecution can be secured by imposing some stringent conditions.

6. Having regard to the facts and circumstances of the case, the applicant is ordered to be released on bail in connection C.R. No.I-22 of 2011 registered with Modasa Police Station, on his executing a bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,

1. not take undue advantage of his liberty or abuse his liberty;

2. not act in a manner injurious to the interest of the prosecution;

3. maintain law and order;

4. mark his presence before the concerned Police Station on every 2^nd and 4^th Sunday of every month between 10:00 am to 2:00 pm:

5. not enter the revenue limits of Modasa town till the trial commences except for the purpose of marking presence at the Modasa Police Station;

6. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

7. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

8. surrender his passport, if any, to the Lower Court immediately.

7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

8. Bail before the Lower Court having jurisdiction to try the case.

9. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.