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CR.MA/11040/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11040 of 2011
=========================================================
DINESHBHAI
JAGMALBHAI KARANGIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant
Ms.
Manisha L. Shah, APP, for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 10/08/2011
ORAL
ORDER
1 This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-8 of 2011 with Virpur Police Station for the offences
punishable under Sections 306, 506(2) and 34 of the Indian Penal
Code.
2. As
requested by the learned counsel for the applicant, this application
is clubbed and heard with the group of matters arising out of the
same FIR, viz., Criminal Misc. Application Nos. 11406 of 2011, 11034
of 2011, 11041 of 2011 and 11042 of 2011. Therefore, the case of the
prosecution, allegations, and the submissions made by the learned
counsel for the applicants and the learned APP have been recorded and
considered in the order dated 10th August 2011 in Criminal
Misc. Application Nos. 11406 of 2011. For the reasons recorded in
the order dated 10th August 2011 in Criminal Misc.
Application Nos. 11406 of 2011, this application is allowed by
directing that in the event of the applicant herein being arrested
pursuant to first information report registered at CR No.I-8 of 2011
with Virpur Police Station, the applicant shall be released on
bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only)
with surety of like amount on following conditions :-
[a] shall
cooperate with the investigation and make available for
interrogation whenever required.
[b] shall
remain present at concerned Police Station on 30.8.2011
between 11:00 am to 2:00 pm:
[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 them 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 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] despite
this order, it would be open for the Investigating Agency to apply to
the competent Magistrate, for police remand of the applicant. The
applicant shall remain present before the learned Magistrate on the
first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the applicant,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
[swamy]
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