Gujarat High Court Case Information System
Print
CR.MA/7130/2008 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7130 of 2008
=========================================================
Bharat
Desai & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR S.V.RAJU
for Applicant(s) : 1 - 2.
MR KODEKAR APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 05/06/2008
ORAL
ORDER
1. Rule.
Learned APP, Mr.Kodekar waives service of notice of Rule for
respondent ? State.
2. Heard.
Learned APP Mr.Kodekar for the State and learned advocate Mr.Raju on
behalf of applicants. It is contended by learned advocate of the
applicant that the question of the applicability of the sections
which are mentioned in the FIR is debatable, at this stage. Heard the
both the sides. In view of the consideration of the word made by
learned APP Mr.Kodekar present applicant is required to be allowed to
the following conditions.
2. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
C.R. No.I-289/2008 with Navrangpura Police Station for the offences
punishable under Sections 120-B, 124-A, and 34 of the Indian Penal
Code.
3. Heard
learned counsel for the parties. Learned counsel for the parties do
not press for reasoned order.
4. Having
heard the learned counsel for the parties and perusing the record and
considering the facts of the case, I am inclined to grant
anticipatory bail to the applicants.
5. In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to
C.R.No.I-289/2008 registered with Navrangpura Police Station, the
applicants shall be released on bail on furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount
on following conditions that :-
(a) shall
cooperate with the investigation and make themselves available for
interrogation whenever required;
(b)
shall remain present before the Investigating Officer of the
concerned Police Station on 18.6.2008 sharp at 11.00 a.m.;
(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 for disclosing such facts to the Court or to
any Police Officer;
(d) 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
within a week;
(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) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
(h) 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.
6. With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute accordingly. Direct Service is permitted.
[Z.K.
SAIYED, J.]
ashish//
Top