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CR.MA/1026720/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10267 of 2008
=========================================================
KIRTIBHAI
DAYALJI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL H RATHOD for
Applicant(s) : 1,
MS.ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 11/08/2008
ORAL
ORDER
1. RULE.
Ms.M.L. Shah, learned A.P.P. waives service of Rule on behalf of the
State. In the facts and circumstances of the case and by consent of
learned counsel of both the sides, the application is taken up for
hearing today.
2. This
application is preferred under Section 438 of the Code of Criminal
Procedure for anticipatory bail in connection with the FIR bearing CR
No.I 205 of 2008 registered on 02.05.2008 with Sabarmati Police
Station, Ahmedabad for the offences punishable under Sections
342,384,323,120B,506(1) and 114 of the Indian Penal Code.
3. Learned
advocate Mr.Rathod for the petitioner submitted that considering the
role attributed to the petitioner which is reflected in the FIR at
Annexure-A to the petition, it is a fit case to release the
petitioner on bail. Learned advocate submitted that similarly
situated persons or even those, who have been prima facie involved in
the commission of offence, have been granted anticipatory bail or
regular bail. In view of the above, the prayer as set out in the
application may be granted.
4. Learned
A.P.P. Ms.M.L. Shah, representing the State submitted that
considering the role played by the petitioner and the manner in which
he has committed the offence along with the other accused persons,
the application deserves to be dismissed.
5. I
have heard learned advocate Mr.M.H. Rathod for the petitioner and
Ms.Shah learned A.P.P. for the State at length and in great detail.
I have also perused the averments made in the petition and the F.I.R.
at Annexure A to the petition. The petitioner is booked for the
offences punishable under Sections 342,384,323,120B,506(1) and 114 of
the Indian Penal Code. I have also considered the role attributed to
the petitioner, the manner in which the alleged offence is committed
by him along with the other accused persons and the seriousness of
the offence in which the petitioner is involved. However, considering
the aforesaid facts and circumstances of the case and without
entering into the merits of the case at this stage, I am inclined to
exercise my discretion in favour of the petitioner.
6. In
the event of arrest of the petitioner in connection with CR No.I 205
of 2008 registered with Sabarmati Police Station, Ahmedabad for the
offences punishable under Sections 342,384,323,120B,506(1) and 114 of
the Indian Penal Code, he shall be released on bail on executing a
bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the
like amount on the following conditions that he shall:
[a] co-operate
with the investigation and make himself available for interrogation
whenever and wherever required.
[b] shall
remain present at the concerned Police Station on 18.08.2008 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 his 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, he shall surrender the same before the Trial Court within a
week;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
7. 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.
8. This
order will hold good, if the petitioner 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 his arrest.
Thereafter, it will be open to the petitioner 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.
With
these directions, this petition is allowed.
Rule
is made absolute. Direct Service is permitted.
[H.B.
Antani, J.]
Hitesh
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