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CR.MA/13154/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13154 of 2010
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KHIMJIBHAI
PETHABHAI SARVAYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
MUKESH B DAVE for Applicant(s) : 1,
MR LR PUJARI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/11/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 81 of 2010 with Kotada Sangani Police Station for the
offences punishable under Sections 465, 467, 471, 409 etc. of the
Indian Penal Code.
Learned
counsel for the applicant submits that the applicant has not
committed any alleged offence and he is falsely implicated in the
offence. He further submitted that the alleged offence took place
on 4.10.2009 and complaint came to be filed on 26.09.2010 i.e. after
a period of 11 months and no explanation is given for such a long
delay. He further submitted that considering the over facts and
circumstances of the case, the applicant deserves to be granted
anticipatory bail.
Heard
Learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and considering the allegations levelled against the applicant
and the role attributed to him, I am inclined to grant anticipatory
bail to the applicant.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being
CR No.I 81 of 2010 with Kotada Sangani Police Station, the
applicant shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of like
amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 25.11.2010 at
11.00 a.m.;
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;
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 of till further
orders;
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;
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;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
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.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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