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CR.MA/1122/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1122 of
2011
=========================================================
RAMNIVAS
RAMSHARAN PAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR DC SEJPAL, ASST.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 31/01/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. The
petitioner, by way of this petition, seeks anticipatory bail in
connection with the complaint, bearing C.R. No. II-3073/10, filed
before DCB Crime Police Station, Ahmedabad, for the offence
punishable under Section-25(1) of the Arms Act.
2. Learned
Counsel for the petitioner submitted that the petitioner has a valid
license for the gun, which is renewed till 16.01.2013. It was, this
very weapon for which the petitioner is holding the license, which
was allegedly found from the original accused No.1. He has been
released on bail by the Sessions Court. The petitioner has no
criminal antecedents. The gun was not used in any illegal activities.
3. I
have perused the contents of the complaint, prima
facie,
considering the same and also the fact that the petitioner has no
other criminal antecedents, it is ordered that in the
event of arrest of the petitioner, in connection with C.R. No.
II-3073/10, filed
before DCB Crime Police Station, Ahmedabad, he
shall be RELEASED on anticipatory bail, upon his
furnishing a bond of Rs. 25,000/-(Rupees Twenty Five
Thousand) with one surety of the like amount, to the satisfaction of
the lower Court and subject to the conditions that he,
[A] shall
COOPERATE with the investigation and make himself
available for interrogation whenever required;
[B] shall
remain PRESENT at the concerned Police Station on 4TH
FEBRUARY, 2011, between 11:00 a.m. to 2:00 p.m.;
[C] 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 him from disclosing such facts to the Court
or to any Police Officer;
[D] shall,
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 or till further orders;
[E]
WILL NOT leave INDIA without the prior
permission of the Court and, if is holding a PASSPORT,
shall 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 from, TODAY;
[H] Within
a period of TEN DAYS from the date of arrest, the
applicant 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.
4. Rule
is made absolute. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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