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CR.MA/13561/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13561 of 2008
=========================================================
VIJAYSINGH
NAVALSINGH THAKORE & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
TEJAS P SATTA for
Applicant(s) : 1 - 5.
MR MR MENGDE, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
Heard
learned advocate for the applicants and learned APP Mr.Mengde, for
respondent State.
2. Rule.
Mr.Mengde, learned APP waives service of rule on behalf of respondent
State.
3. Learned
advocate for the applicant submits that he does not press this
application qua respondents Nos.1 and 4. Application qua them stands
rejected as not pressed and rule is discharged.
4. The
applicants are apprehending their arrest in connection with the
offence being CR No. I-206 of 2008 for the offences punishable under
Sections 307, 147, 148, 149, 324, and 504 of IPC and Section 135 of
the Bombay Police Act.
5. This
Court has gone through the complaint and the order passed by the
trial Court. Taking into consideration the facts and circumstances
of the case, the application qua applicant Nos.2, 3 and 5 is required
to be allowed and it is hereby allowed. Applicants Nos.2, 3 and 5 are
ordered to be released on bail in the event of their arrest, on each
of them depositing an amount of Rs.5,000/- (Rupees Five thousand
only) before the concerned police station with a surety of like
amount each subject to the conditions that they shall,
(a) remain
present before the trial Court regularly as and when directed on the
dates fixed;
(c) make
themselves available for interrogation by the Police Officer,
whenever and wherever required;
(b) remain
present at the concerned police station on 24.10.2008 between 9.00
a.m. and 5.00 p.m.
(d) not
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;
(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 residential address to
the Investigation Officer and the Court concerned and shall not
change the 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
passports, shall deposit the same before the trial Court within a
week.
6. It
would be open to the Investigating Officer to file an application
for remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
7. This
order will hold good if the applicants are arrested any time within
90 days from today. This 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 dispose 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 qua applicant Nos.2, 3 and 5 only. Direct service is
permitted.
(M.D.Shah,J.)
Sreeram.
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