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CR.MA/9139/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9139 of 2010
=========================================================
HIRANI
RAJESHBHAI NANAKBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PY DIVYESHVAR for
Applicant(s) : 1,
MR UA TRIVEDI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/08/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent
State. This Application is filed by the applicant under Section 438
Cr. P.C. for anticipatory bail in connection with CR No. I 57 of
2009, registered with Tilakwada Police Station, Tal. Rajpipla, for
the offences under Sections 120B, 465, 467, 468, 471, 201 of I.P.
Code.
Heard
learned Counsel for the parties and perused the papers produced
before me. Learned APP for the respondent has vehemently opposed
this application.
Having
heard the learned Counsel for the parties and perusing the record
and considering the arguments advanced by the learned Counsel for
the parties, I am of the opinion that this is a fit case to grant
anticipatory bail to the applicant.
In
the result, this Application is allowed by directing that in the
event of the applicant herein being arrested pursuant to CR No. I
57 of 2009 registered with Tilakwada Police Station, Taluka
Rajpipla, the applicant shall be released on Bail on Bond of
Rs.10,000/- (Rupees five thousand only) with one surety of like
amount on condition that –
a) he
shall co-operate with the investigation and make himself available
whenever required;
b) he
shall appear before the concerned Police Station, on 17th
August, 2010 between 11.00 am and 2.00 pm.
c) he
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;
d) At
the time of execution of Bond, he shall furnish his address to the
I.O. and the Court concerned and shall not change the residence till
the final disposal of the case or till further orders;
e) that
he will not leave India without the permission of the Court and, if
they are holding a Passport, surrender the same before the trial
Court immediately;
f) 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;
g) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicants 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.
8. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,J.)
sas
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