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CR.MA/13826/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13826 of 2008
=========================================================
HARIBHAI
GOKALBHAI MATIYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 2.
Mr SP Hasurkar, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the
respondent-State.
Heard
the learned counsel for the applicants-accused and the learned APP.
1. This
application for anticipatory bail has been preferred by the applicant
apprehending their arrest in connection with CR No.I-372 of 2008
registered with Malaviyanagar police station for the alleged
commission of offences under sections 406, 420, 468, 471 and 114 of
IPC.
2. Mr
Y B Waghela, learned advocate submitted on behalf of the original
complainant that he has instructions to file Vakalatnama on behalf of
the original complainant and that he will be filing his Vakalatnama
during the course of the day. The complainant is present in court.
3. The
dispute in question is pertaining to land and is of civil nature.
The matter has now been settled between the parties. This court has
gone through the complaint as well as the order passed by the trial
court. Affidavit of the complaint is also produced before the trial
court. .
4. In
view of the above, and in light of the submissions made by the
learned advocate for the applicants, this application deserves to be
allowed and is accordingly allowed.
5. In
the event of arrest of the applicants in connection with CR No.I-372
of 2008 registered with Malaviyanagar police station, they shall be
released on bail in respect of the offences alleged against them in
this application on executing a personal bond of Rs.5,000/-each (Rs.
Five thousand only) with one surety of the like amount, by the
concerned police officer and on condition that they shall –
(a) remain
present before the concerned police station on 28.10.2008 between 11
am and 5 pm.
(b) remain
present before the trial court regularly as and when directed on the
dates fixed;
[c] make
himself available for interrogation by a police officer whenever
and wherever required;
(d) not
directly or indirectly make any inducement threat or promise to any
person acquainted with the facts of the case so as to dissuade 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 the residential address to
the I.O., and the court 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.
6. It
would be open to the I.O., to file an application for remand, if he
considers it proper and just, and the concerned Magistrate would
decide it on merits.
7. This
order will hold good if the applicants are arrested any time within
90 days from today. This order for release on bail will remain
operative only for a period of ten days from the date of their
arrest. Thereafter, it will be open to the applicants to make a
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.
8. Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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