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CR.MA/11099/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11099 of 2010
=======================================================
SUTARIYA
MITESH @ MONTU RAMESHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
BA PATEL for Applicant(s) : 1,
MS SJ SHUKLA APP for Respondent(s)
: 1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/09/2010
ORAL
ORDER
Rule.
Mr.S.J. Shukla, learned A.P.P. waives service of notice of Rule on
behalf of the Respondent-State.
The
present application has been filed under Section 438 of the Code of
Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.146/2010 registered with Chandkheda Police
Station for the offences punishable under Sections 392 and 114 of
the Indian Penal Code.
Learned
counsel, Mr.Bhavik Patel for the applicant referred to the FIR as
well as other papers and submitted that the applicant is sought to
be implicated though in past, he has been acquitted for the similar
offence. He, therefore, submitted that the present application may
be allowed as he is apprehending his arrest.
Learned
A.P.P., Mr.Shukla resisted the application.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. and having considered the papers and also guidelines
with regard to grant of anticipatory bail under Section 438 of the
Criminal Procedure Code, the present application deserves to be
allowed.
Accordingly,
the present application is allowed. The applicant is ordered to be
released on bail in the event of his arrest in connection with
I-C.R.No.146/2010 registered with Chandkheda Police Station in
respect of the offence alleged against him on his executing bond of
Rs.5,000/- (Rupees Five thousand only) with one solvent surety of
the like amount, by him, 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 the concerned Police Station on 23.09.2010 between 11.00 a.m. and 2.00 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 his 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 learned
Magistrate would decide it on merits.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
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.
(RAJESH
H.SHUKLA, J.)
/patil
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