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CR.MA/10423/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10423 of 2008
=========================================================
LABHUBHAI
ARJANBHAI SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 2.
MR M R MENGDEY APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/09/2008
ORAL
ORDER
RULE.
Mr. M.R. Mengdey, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent.
This is
a petition for anticipatory bail under section 438 of the Code of
Criminal Procedure is by the petitioners in connection with a
criminal complaint being C.R. No. I-254 of 2007 registered with
Morbi City Police Station for offences punishable under sections 306
and 114 of the Indian Penal Code.
Heard
Mr.A.M. Dagli, earned advocate for the petitioners and Mr.M.R.
Mengdey, learned Additional Public Prosecutor for the State.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the statement of the girl recorded on
19/10/2007, this court is of the prima facie opinion that no role
has been attributed to the petitioners and the main allegation is
against the original accused No.1 ? Kamlesh Keshubhai Solanki, the
applicants are entitled to anticipatory bail.
For the
foregoing reasons, the petition is allowed. In the event of arrest
of the petitioners in connection with C.R. No.I-254 of 2007
registered with Morbi City Police Station, they shall be released
on bail on each of them executing a bond of Rs.10,000/- [Rupees Ten
Thousand Only] with one surety of the like amount on the following
conditions that they shall:
[a] co-operate
with the investigation and make themselves available for
interrogation whenever and wherever required.
[b] shall
remain present at the concerned Police Station on 8/9/2008 between
9.00 AM to 3.00 PM;
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish their residential address to
the Investigating Officer and the Court concerned and shall not
change the residence till the final disposal of the case or till
further orders;
[e] not
leave India without the permission of the Court and, if holding a
passport, they shall surrender the same before the Trial Court
within a week; and,
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police.
It would
be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
would decide it on merits.
This
order will hold good, if the petitioners are 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 petitioners to make
a fresh application for being enlarged on bail in usual course,
which, when it comes up before the competent Court, will be decided
in accordance with law, having regard to all the attending
circumstances and the materials available at the relevant time,
without being influenced by the fact that anticipatory bail was
granted.
Rule is
made absolute. Direct Service is permitted.
[M.R.
SHAH, J.]
rafik
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