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CR.MA/13354/2009 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13354 of 2009
=========================================================
SANGA
@ CHANDRASINGH KALIDAS VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VIJAY H NANGESH for
Applicant(s) : 1,
MR UA TRIVEDI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/02/2010
ORAL
ORDER
This
is an application under Sec.438 of the Code of Criminal Procedure,
1973, by the applicant apprehending his arrest in connection with CR
No. I-207/09 registered with Jhagadia police station, for the offence
punishable under Secs. 363, 366 and 114 of Indian Penal Code.
Learned
advocate Mr. V.H. Nangesh for the applicant submitted that the
applicant is an innocent person and he has not prima facie committed
any offence alleged against him. He is not the main culprit who has
committed the alleged offence punishable under Secs. 363, 366 and
114 of IPC. Considering the role attributed to the applicant, the
application deserves to be allowed and the applicant be granted
anticipatory bail as prayed for in the application.
Learned
APP Mr U.A. Trivedi, representing the opponent State, while opposing
the anticipatory bail application submitted that considering the role
attributed to the applicant and the manner in which he has aided and
abetted the main culprit in the alleged commission of offence, no
discretionary relief be granted to the applicant, the application
does not call for interference and the same deserves to be rejected
out of hand.
I
have heard the learned advocates of both the sides at length and in
great detail. On perusal of the role attributed to the applicant
which is reflected in the FIR at Annexure:A to the application, I am
of the view that the applicant deserves to be granted anticipatory
bail as he has not prima facie committed the offence in question.
In
view of the above facts and circumstances of the case and without
entering into merits of the case, I am inclined to exercise my
discretion in favour of the applicant. The application is allowed.
In the
event of arrest of the applicant in connection with CR No. I 207/09
registered with Jhagadia Police Station for the offences punishable
under Sections 363, 366 and 114 of IPC, 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 16th
February, 2010 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;
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 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 his arrest.
Thereafter, it will be open to the applicant 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 application is allowed.
Rule is
made absolute. Direct Service is permitted.
[H.B.
Antani, J.]
pirzada/-
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