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CR.MA/12761/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12761 of 2010
=================================================
VIJAY
BIPINCHANDRA PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MR KARTIK PANDYA APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/11/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 273 of 2010 with Mehsana City Police Station for the
offences punishable under Sections 406, 465, 467, 468, 471 etc. of
the Indian Penal Code.
Learned
counsel for the applicant submits that allegations against the
applicant are to the extent that he has produced a wrong certificate
about his disability for getting public employment as Vidhya Sahayak
and upon scrutiny the competent authority has terminated his
services. He further submitted that his disability to the extent of
35% is found to be correct by the Chief District Medical
Officer-cum-Civil Surgeon, General Hospital, Gandhinagar. He
further submitted that by and large investigation is over and
considering the overall facts and circumstances of the case, the
applicant deserves 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 considering the fact that the disability of the applicant
to the extent of 35% is found to be correct by the Chief District
Medical Officer-cum-Civil Surgeon, General Hospital, Gandhinagar, I
am inclined to grant anticipatory bail to the applicant.
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 273 of 2010 with Mehsana City Police Station, the
applicant shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) 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 25.11.2010 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 is
holding a passport, shall surrender the same before the trial Court
within a week;
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;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
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.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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