2022 Supreme(Guj) 755
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S.Kariel, J.
Pratapdan Shamaldan Gadhvi - Appellant
Versus
State Of Gujarat - Respondent
Criminal Misc. Application No. 14585 of 2021
Decided On : 13-06-2022
J.M.Panchal, Ekant G.Ahuja, Bhavdutt H.Bhatt, Kirtan H.Mistry, L.B.Dabhi, Advocates
Headnote:
Indian Penal Code, 1860 – Sections 498(A) 377, 323, 294(B), 506(2), 114 – Dowry Prohibition Act, 1961 – Sections 3, 7 – Unnatural offences – Punishment for voluntarily causing hurt – Punishment for criminal intimidation – Prosecution for police remand – Order of remand – Abettor present when offence is committed – By way of this application under Section 438 of Code of Criminal Procedure, 1973, applicants pray for being released them on anticipatory bail in connection with FIR being C.R. registered Police Station, District for offences punishable under Sections 498(A) 377, 323, 294(B), 506(2) and 114 of Indian Penal Code and Sections 3 and 7 of Dowry Prohibition Act – Held, Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicants to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits – Applicants shall remain present before learned Magistrate on first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate – This is, however, without prejudice to right of accused to seek stay against an order of remand, if ultimately granted, and power of learned Magistrate to consider such a request in accordance with law – It is clarified that applicants, even if, remanded to police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order – Ordered Accordingly.
JUDGMENT :
1. Heard learned Senior Advocate Mr. J.M. Panchal with learned Advocate Mr. Ekant Ahuja for the applicants, learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State and learned Advocate Mr. Bhavdutt H. Bhatt for the original complainant.
2. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicants pray for being released them on anticipatory bail in connection with FIR being C.R. No. 11191013211096 of 2021 registered with Krushnanagar Police Station, District Ahmedabad on 20.07.2021 for offences punishable under Sections 498(A) 377, 323, 294(B), 506(2) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
3. Learned Senior Advocate Mr. J.M. Panchal for the applicants would submit that the applicants before this Court are the father-in-law and mother-in-law of the daughter of the complainant. It is submitted that the daughter of the complainant was married to son of the applicants, namely Dharmendrabhai in the year 2007 and whereas on account of some marital discord, the daughter of the complainant was staying in her parental home since few days and on 15.07.2021, the daughter of the complainant had gone missing and whereas the present FIR came to be filed thereafter. Learned Senior Advocate Mr. Panchal would take this Court through the averments/ allegations made in the FIR in detail. Learned Senior Advocate would try to emphasize that the daughter of the complainant as well as accused No.1 i.e. her husband were living separately from at least 2013. Learned Senior Advocate would submit that in the interregnum, more particularly the marriage span being of almost 14 years, the daughter of the complainant had at some point of time gone back to her parental home and as per the averments in the FIR itself, she had been called by the applicants to come back to her matrimonial home, more particularly with a condition that a house would be purchased in the name of the daughter of the complainant. Learned Senior Advocate would submit that as far as the allegations against the applicants are concerned, general allegations for offences punishable under Section 498(A) of the IPC have been levelled and whereas learned Senior Advocate would submit that there are no allegations against the applicants for having committed any other offences as found in the FIR. Learned Senior Advocate would draw the attention of this Court to birth certificate of the son of the daughter of the complainant, wherein according to the learned Senior Advocate, they were staying independently and whereas the address of the house is mentioned in the said birth certificate. Learned Senior Advocate would further draw the attention of this Court to a document, whereby the house which the daughter of the complainant and her husband were last staying together, was also purchased in the name of the daughter of the complainant and her husband and whereas it is submitted that they were staying there at least from the year 2018 onwards. Learned Senior Advocate would thereafter draw the attention of this Court to a Chart at Para 5 of the application and would submit that the present applicant No.1 is working in the police force and he had been posted at various places throughout the State of Gujarat and whereas list of places have been shown in the Chart along with time period and whereas learned Senior Advocate would submit that except for visiting their son and his family, the present applicants had never stayed with the daughter of the complainant and her husband in a single house. Learned Senior Advocate would thereafter draw the attention of this Court to a Janvajog Entry No. 156 of 2021, dated 15.07.2021 and would submit that in the said Janvajog Entry there is a reference to a letter written by the daughter of the complainant when she had left her house and whereas pertinently learned Senior Advocate would emphasize on the fact that in the said Janvajog Entry,