Gujarat High Court Case Information System
Print
CR.MA/7244/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7244 of 2010
=========================================================
CHATURBHAI
VECHARBHAI PATEL & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YN OZA, for MR RAJESH K SAVJANI
for
Applicant(s) : 1 - 4.
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/07/2010
ORAL
ORDER
Draft
Amendment is allowed.
Rule.
Learned APP Mr. Jani waives service of Rule on behalf of the
Respondent State.
This
Application is filed by the applicants under Section 438 Cr. P.C. in
connection with CR No. I 77 of 2009, registered with Vadi Police
Station, Dist. Gandhinagar, for the offences under Section 416, 418,
463, 464, 465, 468, 409, 114 of I.P. Code.
Heard
learned Counsel for the parties and perused the papers produced
before me.
Learned
Counsel Mr. Oza has contended that the applicants and the original
complainant are the nearest relatives and they have settled the
disputes. The complainant has also filed Affidavit to that effect,
which is at page 31. Along with the Draft amendment, the
statement of the complainant dated 26.4.2010, before the
Investigating Officer is also filed in which it is also mentioned
that they have amicably settled the disputes and he has decided to
withdraw the complaint filed by him.
Learned
APP Mr. Jani has vehemently opposed this application.
Having
heard the learned Counsel for the parties and perusing the record
and considering the arguments advanced by the learned Counsel for
the parties, I am of the opinion that this is a fit case to grant
anticipatory bail to the applicants.
In
the result, this Application is allowed by directing that in the
event of the applicants herein being arrested pursuant to CR No. I
77 of 2009 registered with Vadi Police Station, Dist. Gandhinagar,
the applicants shall be released on Bail on they furnishing a Bond
of Rs.10,000/- (Rupees ten thousand only) each with one surety of
like amount on condition that –
a) they
shall co-operate with the investigation and make themselves available
whenever required;
b) they
shall remain present before the concerned Police Station, on 12th
July, 2010 at 11.00 am.
c) they
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, they shall furnish their address to
the I.O. and the Court concerned and shall not change the residence
till the final disposal of the case or till further orders;
e) that
they will not leave India without the permission of the Court and, if
they are holding a Passport, 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) 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 applicants 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.
8. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,J.)
sas
Top