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CR.MA/13658/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13658 of 2010
=========================================
JAYRAMBHAI
GANDABHAI DESAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR Imtiyaj
M Kureshi for Mr PR ABICHANDANI
for Applicant(s) : 1,
Mr
Kartik Pandya, Addl.PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
VIKRAM J THAKOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/12/2010
ORAL
ORDER
1. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 57 of 2010 with Kalol Taluka Police Station for the
offences punishable under Sections 420, 465, 467, 468, 471 and 120(B)
of the Indian Penal Code.
2. Learned
Advocate for the applicant submits that the applicant is innocent and
he has been falsely implicated as accused and he is a bona fide
purchaser and has not forged any document/s and, therefore, the
custodial iinterrogation of the applicant may not be necessary. The
learned Advocate also submits that the statement of the applicant is
also recorded by the Investigating Officer and he would be available
for trial. The learned Advocate, therefore, submits that by imposing
suitable conditions, the applicant may be granted bail.
Heard
the learned APP for the State.
3. Learned
Advocate for the complainant has opposed this application for bail on
the ground that signature of the witness as found in the Power of
Attorney is the person who has purchased the property in question
and, therefore, he cannot be said to be a bona fide purchaser.
Besides, the title in the sale deed about consideration only mentions
about name of the Bank but does not mention about the Branch of such
Bank of which cheque is issued and prima facie, opinion of the hand-
writing expert is against the applicant.
4. The
above submissions on behalf of the complainant are rejected at the
threshold while exercising powers under section 438 of the Code of
Criminal Procedure inasmuch as there is no bar for a witness signing
Power of Attorney to purchase property and not mentioning name of the
Branch of the Bank in the sale deed or conveyance cannot be presumed
to be a ground for a cause for attracting punishment under the
provisions mentioned herein. Besides, opinion of the experts can be
at the most considered by the trial court, which may not be
ultimately binding to the trial court and considering all the above
aspects and the role attributed to the applicant, I am inclined
to grant anticipatory bail to the applicant.
4. Learned
counsel for the parties do not press for further reasoned order.
5. In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being CR
No.I- 57 of 2010 registered with with Kalol Taluka Police
Station, the applicant shall be released on bail on furnishing a
bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of
like amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 22.12.2010 at
11.00 a.m.;
shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them for disclosing such facts to the Court or to any
Police Officer;
at
the time of execution of bond, furnish the address to the
Investigating Officer and the court concerned and shall not change
the residence till the final disposal of the case of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file an application
for remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicant shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
6. With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
msp
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