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CR.MA/10454/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10454 of 2010
======================================
MUKESHBHAI
POPATLAL SONI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
JK PARMAR for Applicant(s) : 1,
MR MENGDEY APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 14/09/2010
ORAL ORDER
1.
The present application has been filed under Section 438 of the Code
of Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.104/2010 registered with Kalupur Police
Station, for the offences punishable under sections 406, 420, 506(1),
294 (B) and 120(B) of Indian Penal Code.
2.
Learned counsel Mr.J.K.Parmar for the applicant-accused referred to
the papers and submitted that the applicant has not played any role
except the fact that he was present with other co-accused. He has
submitted that it was business transaction and recovery of the amount
for which false complaint has been lodged. He, therefore, submitted
that present application may be allowed.
3.
Learned A.P.P., Mr.Mengdey for the respondent-State resisted the
application.
4.
Having heard learned advocate Mr.Parmar for the applicant and
learned APP Mr.Mengdey and having regard to the the nature of
offences, role attributed to the applicant, manner in which it is
alleged to have been committed and also considering the guidelines
laid down by Hon’ble Supreme Court with regard to discretion under
section 438 of Cr.P.C., the present application deserves to be
allowed.
6.
Accordingly, the present application is allowed. The applicant is
ordered to be released on bail in the event of his arrest in
connection with I-C.R.No.104/2010 registered with Kalupur Police
Station in respect of the offence alleged against him on him
executing bond of Rs.5,000/- (Rupees Five thousand only) with one
solvent surety of the like amount, by him, by the concerned Police
Officer and on conditions that he shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 17.09.2010 between 11.00 a.m. and 2.00 p.m;
c) make himself available for interrogation by Police Officer between 11:00 a.m. to 05:00 p.m. – before sunset;
d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him 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 his address to the Investigating Officer and the Courts concerned, and shall not change his 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 Passport, shall deposit the same before the trial Court within a week;
h) It
should be open to the Investigating Officer to file an application
for remand if he considers it proper and just; and the learned
Magistrate would decide it on merits.
7.
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,
during which it will be open to the applicant to make fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed 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 to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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