Gujarat High Court Case Information System
Print
CR.MA/12715/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12715 of 2011
=========================================================
HAMIRBHAI
RAHABHAI SIYALIA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
S G ASSOCIATES for
Applicant(s) : 1 - 2.
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/09/2011
ORAL
ORDER
1. This
Application is filed by the applicant under Section-438 Cr. P.C. in
connection with CR No. I-117 of
2011 registered with Kalavad Police Station, Jamnagar for the
offences punishable under Sections-464, 465, 467, 468, 474, 416, 417,
418, 419, 420 and 120-B of the
Indian Penal Code.
2. Learned
advocate appearing for applicants has contended that this is a case
of documentary evidence. He has contended that present applicants
have filed criminal complaint before DSP, Jamnagar against the
persons who have executed the documents. He has also contended that,
prima facie, the applicants have not played any role in the offences
alleged against them.
3. Learned
APP Mr. Jani has vehemently opposed this application.
4. Heard
learned Counsel for the parties and perused the documents produced on
record in detail. From the record, it appears that present applicants
have paid Rs.10 lacs, and possession of land is still with the
complainant. I am, therefore, of the opinion that this is a fit case
to grant anticipatory bail. Learned Counsel for the parties do not
press for reasoned order.
5. In
the result, this application is allowed by directing that in the
event of the applicants herein being arrested pursuant CR
No. I-117 of 2011, registered with Kalavad Police
Station, Jamnagar, they shall be released on Bail on their furnishing
a Bond of Rs.10,000/- each (Rupees ten thousand only) 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 Investigating Officer, Kalavad Police
Station, Jamnagar, on 26th September,
2011 at 11.00 a.m.
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
are holding 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 considers it just and proper and the concerned Magistrate
would decide it on merits;
g) this
order will be operative if the applicants are 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.
6. Learned
advocate for the applicants assured that applicants will appear
before concerned police station as per direction of this Court.
7. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,
J.)
(ila)
Top