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CR.MA/2660/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2660 of 2008
In
CRIMINAL
MISC.APPLICATION No. 14159 of 2007
=========================================================
PRAVINBHAI
KHIMJIBHAI PATEL - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
PK PAREKH for the Applicant.
MR
K.T.DAVE, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 29/02/2008
ORAL
ORDER
1. Rule.
Mr.K.T.Dave, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the respondent-State.
2. This
is an application filed by the applicant under Section 438 of the
Code of Criminal Procedure,1973, for extension of anticipatory bail.
The applicant is arrested in connection with the offence registered
at M.Case No.1 of 2006 with Navsari (Rural) Police Station. The
allegation against him is that he along with other accused, committed
forgery in certain documents of sale of agricultural land and thereby
caused loss to the complainant. The offence alleged against him is
made punishable under Sections 420, 465, 468, and 506(2) of the
Indian Penal Code.
3. I
have heard Mr.P.K.Parikh, learned advocate for the applicant and
Mr.K.T.Dave, learned Additional Public Prosecutor for the opponent
State. It is submitted by Mr.Parikh for the applicant that the
dispute between the parties is of civil nature. Mr.Dave, learned APP
has not controverted the same. In similar circumstances, another
accused has been granted protection by this Court by order dated
29.10.2007. In view of the same, the applicant is required to be
given protection under Sec.438 of Code of Criminal Procedure. Hence,
the following order.
4. This
application is allowed and the applicant is ordered to be released on
bail in the event of his arrest in connection with M.Case No.1 of
2006 registered with Navsari (Rural) Police Station, in respect of
the offence alleged against him in this application on his executing
a bond of Rs.5,000/- (Rupees Five thousands only) with one solvent
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) remain
present at Navsari (Rural) Police Station on 5.03.2008 between 11.00
a.m. to 5.00 p.m;
c) make
himself available for interrogation by 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 Officer;
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 Courts concerned, and shall not change
his residence till the final disposal of the case or till further
orders;
g) not
leave India without the permission of the Court and if having
Passport, shall deposit the same before the trial Court within a
week;
h) It
should be open to the Investigating Officer to file an application
for remand if he considers it proper and just; and the Competent
Court would decide it on merits.
5. This
order will hold good if the applicant is arrested at any time 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,
during which it will be open to the applicant to make 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 uninfluenced by the fact
that anticipatory bail was granted.
6. Rule
is made absolute. Direct service is permitted.
(D.N.PATEL,
J.)
*dipti
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