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CR.MA/5578/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5578 of 2010
=========================================================
KARSANBHAI
RABARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AY KOGJE for
Applicant(s) : 1,
MR MAULIK G NANAVATY, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 01/06/2010
ORAL ORDER
1. Rule.
Shri Maulik G. Nanavaty, learned APP waives service of notice of Rule
on behalf of respondent State. With the consent of the parties rule
is fixed forthwith.
2. The
applicant has moved this application under section 438 of Cr.P.C. for
seeking anticipatory bail in the event of his likely arrest in
respect of CR.I.225 of 2009 dated 30.11.2009 registered at
Himmatnagar Town Police Station, Sabarkantha for the offences
punishable under sections 420, 406, 114, 508 of the Indian Penal
Code.
3. The
accused moved the application being Criminal Misc. Application
No.133/2010 before the concerned Sessions Court, which came to be
rejected on 03.03.2010.
4. This
Court has perused the FIR and role attributed to the present
applicant. Looking to the averments in the complaint and after
hearing learned counsels of the parties this Court is of the
considered view that anticipatory bail deserves to be granted to the
applicant for the following reasons :
(I) Looking
to the entire incident as narrated in the complaint and the attending
circumstances has persuaded this Court to exercise discretion under
Section 438 of the Code of Criminal Procedure in favour of the
present applicant. Hence the following order:
5. This
application is therefore deserves to be allowed and is accordingly
allowed on the following conditions as under :
That
in the event of arrest of the applicant in connection with
CR.No.I.225 of 2009 registered at Himmatnagar
Town Police Station, Sabarkantha, he shall be released
on anticipatory bail in respect of the offences alleged against him
in this application, on his executing a bond of Rs.5,000/- (Rupees
Five Thousand only) with one surety of the like amount, 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) appear
before the concerned Police Station, on 14.06.2010 between 9.00 a.m.
and 2.00 p.m.
(c) make
himself available for interrogation by the police officer whenever
and wherever required;
(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 office;
(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 the address to the
Investigating Officer and the Court concerned and shall not change
his residence till the final disposal of the case or till further
orders;
(g) not
leave Gujarat State without the prior permission of the Court and, if
having passport, shall deposit the same before the Trial Court;
within a week.
6. It
would be open to the Investigating Officer to file an application for
remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
7. This
order will hold good if the applicant is arrested at anytime 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 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, un-influenced by the fact
that anticipatory bail was granted.
8. Rule
made absolute. Direct Service permitted.
(S.R.BRAHMBHATT,
J.)
~gaurav~
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