Gujarat High Court Case Information System
Print
CR.MA/14980/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14980 of 2010
=================================================
PATEL
CHIMANBHAI KHUSHALBHAI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
PRATIK B BAROT for Applicant(s) : 1 - 3.
MR KARTIK PANDYA APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/12/2010
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 82/2010 with Becharaji Police Station for the offences
punishable under Sections 465, 466, 467, 468, 471, 120B etc. of the
Indian Penal Code.
Learned
counsel for the applicants submits that by deed of re-conveyance
original position qua property in question is restored. It is
further submitted that considering the facts and circumstances of
the case, the applicants deserve to be granted anticipatory bail.
Heard
Learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in detail, at
this stage, I am inclined to grant anticipatory bail to the
applicants.
Learned
counsel for the parties do not press for further reasoned order.
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 82/2010 registered with Becharaji Police Station, the
applicants shall be released on bail on furnishing bond of
Rs.5,000/- (Rupees Five Thousand only) each 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 02.01.2011 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 ares
holding passports, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file application/s for
remand, if they consider it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicants shall
apply for regular bail which application/s shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
Top