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CR.MA/13636/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13636 of 2008
=========================================================
SANJAYBHAI
RAMDAS GUPTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR SP HASURKAR Ld. APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/11/2008
ORAL
ORDER
1.
Rule. Mr. SP Hasurkar, learned A.P.P. waives the service of rule.
2. This application under section 438 of the Code of Criminal Procedure for anticipatory bail has been preferred by the applicant apprehending his arrest in connection with CR No. I-284/2008 registered with Vatva Police Station for the alleged offences punishable under sec. 406 and 420 of IPC.
3. Learned advocate for the applicant contended that the applicant is innocent and he has not committed any offence, and therefore, the applicant may be enlarged on anticipatory bail.
4. As against this, learned APP has read the order of the trial Court and opposed this application and contended that this application may be dismissed.
5 I have heard the learned advocates appearing for the parties and perused the papers. Considering the facts and circumstances of the case and involvement of the applicant, this application is allowed.
6. In the event of the arrest of the applicant in Crime Register No I-284/2008 registered at Vatva Police Station, he shall be released on bail in respect of the offence alleged against him in this application on his executing bonds of Rs.10,000/- (Rupees Ten Thousand only) with one solvent surety of the like amount each, by the concerned police officer and on conditions that he shall;
(a) remain present before the trial court regularly as and when directed on the dates fixed;
(b) remain present at Vatva Police Station on 20.11.2008 between 9.00 a.m. to 5.00 p.m.
(c) make himself available for interrogation by police officer, whenever and wherever required;
(d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(e) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(f) at the time of execution of bond, furnish the address to the Investigating Officer and the Courts concerned, and shall not change his residence till the final disposal of the case or till further orders;
(g) not leave INDIA without the permission of the Court and if having Passport, shall deposit the same before the trial court within a week;
(h) It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decided it on merits.
7. This order will hold good if the applicant is arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of TEN days from the date of their arrest. Thereafter it will be open to the applicants to make a fresh application for being enlarged on bail in usual course which when it comes before the competent Court, will be disposed of in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time uninfluenced by the fact that ANTICIPATORY BAIL was granted.
8. Rule is made absolute. Direct service is permitted.
[ Z.K. SAIYED, J.]
mandora/
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