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CR.MA/5054/2006
1/19
ORDER
=========================================================
AJENDRAPRASAD NARENDRAPRASAD PANDE - Applicant(s)
Versus
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR IH SYED for Applicant(s) : 1,
MS MITA PANCHAL Ld. APP for Respondent(s) : 1,
MR ND NANAVATI Ld. Sr. COUNSEL FOR MR HARIN P RAVAL for
Respondent(s) : 1,
=========================================================
CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA
Date : 21/07/2006
ORAL ORDER
1.
Rule.
2.
The applicant,
sec.
438
of
Criminal
Procedure
Code
(hereinafter
as
he
is
apprehending
his
arrest
in
at
DCB
Police
Station,
Ahmedabad
for
the
of IPC,
(Prevention)
and
sec.
67
Immoral Traffic
of
Information
Technology Act.
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HC-NIC
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3.
2/19
ORDER
are as under:
4.
Bharatkumar
Amrutlal,
before DCB
Bhanubhai
others
PSI,
Crime
Branch,
for
Bhanubhagat
the
Nanjibhai
alleged
Ahmedabad
against one
Patel
commission
of
and
nine
offences
(Prevention) Act,
Immoral Traffic
Sadhus
of
Swaminaayan
sect
in
Swaminarayan
women
by
by
sadhus
Videographing
on
the
pretext
sexual
of
acts
performing
by
the
accused
persons
and
they
have
registered
as
CR
No.
I-5/2005
by
DCB
Police
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HC-NIC
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5.
3/19
ORDER
he is not
that
he
is
the
Acharya
of
Vadtal
I-4/2005
Station,
was
Nadiad,
lodged
Dist.
before
Kheda
and
Chaklasi
Police
allegations
made
parcel
of
investigation
this
with
complaint;
regard
to
therefore,
both
FIRs
the
are
unnecessary
harassed
and
defamed;
that
the
Page 3 of 19
HC-NIC
CR.MA/5054/2006
4/19
ORDER
Ahmedabad
has
Ld. Metropolitan
issued
non-bailable
any
time
and
is
not
an
absconder;
that
he
file
fresh
application
with
subsequent
Thereafter,
the
applicant
preferred
Page 4 of 19
HC-NIC
CR.MA/5054/2006
5/19
ORDER
of
warrant
judgment
of
in
this
interim
Court.
order
Thereafter,
relied
on
the
by
the
order
of
High
Court
is
set
aside
and,
Criminal
Misc.
6.
The
applicant
has
also
filed
7.
have
heard
Ld.
Advocate
Mr.
Saiyed
for
applicant and Ld. APP Ms. Mita Panchal for the State
at length and in great detail.
8.
Ld.
Advocate
Mr.
Saiyed
for
the
applicant
him.
He
argued
that
there
is
no
direct
Page 5 of 19
HC-NIC
CR.MA/5054/2006
and
6/19
shall
co-operate
therefore,
ORDER
with
the
investigation
and,
the
applicant
relied
on
the
decisions
of
9.
Ld.
Advocate Mr.
Harin P.
Raval for
the original
No.
5053
of
2006
submitted
that
the
has
suppressed
certain
facts
the
the
the
applicant
challenging
of
the
court
proceedings filed by
non-bailable
warrant
Page 6 of 19
HC-NIC
CR.MA/5054/2006
7/19
ORDER
has
not
mentioned
fact
about
the
He also
not
remained
present
before
the
Investigating
anticipatory bail.
passed
by
the
Supreme
Court
rejecting
the
warrant
applicant
has
Investigating
under
not
Agency
interrogation.
Several
sec.
70
of
the
surrendered
nor
is
attempts
Code.
The
before
the
available
for
have
been
made
to
not
entitled
application.
Ld.
for
APP
the
relief
relied
on
claimed
the
in
decision
the
of
Page 7 of 19
HC-NIC
CR.MA/5054/2006
8/19
ORDER
appearing
for
the
applicant
requested
the
of
investigation
principle
anticipatory
that
bail
at
the
etc.
It
stage
application,
is
of
the
also
settled
considering
court
is
the
not
Page 8 of 19
HC-NIC
CR.MA/5054/2006
9/19
ORDER
some
ulterior
motive
and
with
the
object
of
At the same
merely
applicant
is
because
it
apprehending
is
alleged
the
arrest
that
on
the
false
and
dishonour.
co-operate
make himself
with
Similarly,
the
the
investigation
applicant
and
shall
13. It
transpires
from
the
submission
of
Ld.
APP
the
applicant
was
granted
at
necessary
Nadiad,
relief.
anticipatory
Court,
at
bail
Nadiad
District
Kheda
Therefore,
the
application
before
but
the
same
for
obtaining
applicant
the
was
moved
Sessions
rejected.
Page 9 of 19
HC-NIC
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1.10.2005,
10/19
the
investigating
applicant
agency
interrogation.
ORDER
did
making
It cannot
not
appear
himself
be said
before
available
that he
for
was not
he
has
not
made
himself
available
for
investigation.
Magistrate Ahmedabad
was
Special
challenged
Criminal
before
Application
this
court
No.
6/2006.
by
filing
The
said
Therefore,
Court
(Criminal)
No.
by
the
filing
applicant
Special
2745/2006
with
approached
Leave
SLP
to
the
Appeal
(Cri.)
No.
Page 10 of 19
It is
HC-NIC
CR.MA/5054/2006
stated
11/19
that
offence.
charge-sheet
On
perusal
of
ORDER
has
the
been
copy
filed
of
in
this
charge-sheet
In view of
has absconded
of
Court
absconding,
held
there
that
is
no
when
the
question
accused
of
are
granting
the
in
said
the
judgment
present
case.
cannot
Ld.
be
made
Advocate
Mr.
Page 11 of 19
HC-NIC
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12/19
ORDER
order
anticipatory
passed
bail
earlier
to
the
applicant
be
said
that
even
of
the
relief
as
he
of
was
In view of this, it
if
rejecting
an
accused
who
is
decision
as
made
by
Ld.
withdrawn
with
permission
to
file
fresh
for
the
complainant
in
other
application
instruction
applicant
has
no
not
such
given
petition
any
is
details
filed.
The
about
the
petition is
filed. Even
if such
petition is
Page 12 of 19
HC-NIC
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13/19
ORDER
conduct
with
cannot
granted
be
the
investigation.
the
extra
Therefore,
ordinary
relief
he
of
anticipatory bail.
16. It
is
also
contended
that
the
name
of
the
on
the
basis
of
the
statement
of
co-
in
the
FIR
is
not
ground
to
grant
possible
for
them
to
collect
the
evidence
in
the
time
of
considering
the
applicant
would
the
relief
for
required to consider
be
available
for
Page 13 of 19
HC-NIC
CR.MA/5054/2006
14/19
17. On
perusal
appears
that
of
some
the
ORDER
Investigation
incriminating
Papers,
evidence
is
it
found
is no
evidence
the
of the
investigation,
evidence
and
collected
therefore,
this
on the ground
in
the
application
application
for
stated
anticipatory
bail
that
no
other
was
ever
filed
filing
before
of
this
court.
application,
applicant
the
has
it
made
anticipatory
bail
On
of
perusal
appears
that
averments
the
in
about
application
memo
para-4,
the
filing
of
the
of
view,
the
statement
made
in
para-6
of
the
Page 14 of 19
HC-NIC
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15/19
ORDER
19. Ld.
APP
also
stated
that
the
applicant
has
issue
of
warrant
by
the
ld.
Metropolitan
that
is clear
that the
on 4.5.2006. Therefore,
applicant has
not mentioned
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ORDER
438
of
the
Code,
as
such
power
has
to
be
Mehta,
JJ)
Criminal
Misc.
applicant
was
and
by
order
Application
dated
No.
sentenced
5.10.2005
5342/2005,
to
suffer
in
the
simple
be
difficult
to
believe
that
he
would
co-
the
decision
of
Jayendra
Saraswathi
relied
Swamigal
Page 16 of 19
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17/19
made by co-accused
ORDER
The said
with regard to grant of the anticipatory bail in nonbailable offence. There cannot be any dispute with
regard
to
the
principles
laid
down
in
the
said
relief of anticipatory
bail.
has
petitioner
has
not
presented
himself
for
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himself
18/19
for
interrogation
ORDER
before
the
Investigating
24. As
regards
the
contention
that
the
other
the
applicant
should
be
granted
proceeding
and
this
court
cannot
grant
the
25.
prosecution
Therefore,
launched
the
against
applicant
is
him
not
is
malafide.
entitled
for
the
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19/19
ORDER
Therefore,
stands dismissed.
the
application
fails
and
Rule is discharged.
Page 19 of 19