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CR.MA/5813/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5813 of 2010
=========================================================
ILABEN
SHAILESHBHAI DESAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
GIRISH D BHATT for
Applicant(s) : 1,
MR RC KODEKAR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 07/06/2010
ORAL ORDER
1. Rule.
Learned A.P.P. Mr.R.C. Kodekar waives service of notice of Rule on
behalf of the respondent-State.
2. Following
aspects are considered:-
(i) The
dispute is of civil nature between land-lord and tenant and the
applicant is the wife of the tenant.
(ii) No
criminal antecedents are indicated.
3. Considering
the above aspects, the application deserves to be allowed.
4. The
application is allowed. In the event of arrest of the applicant in
connection with C.R.- No.I-193 of 2010 of Makarpura Police Station,
Vadodara, she shall be released on bail in respect of the offences
alleged against her in the application, on her executing a bond of
Rs.5000/- (Rupees five thousand only) with one surety of the like
amount, by the concerned Police Officer, and on conditions that she
shall,
(a) not take undue
advantage of her liberty or abuse her liberty;
(b) remain present
before the Trial Court as and when directed on the dates fixed;
(c) make herself
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 fact of the case, so as to dissuade him from
disclosing such facts to the Court or to any Police Officer;
(e) not obstruct or
hamper the police investigation or tamper with the evidence or
influence the witnesses;
(f) at the time of
execution of bond, furnish her address to the Investigating Officer
and to the Court concerned and shall not change her residence till
the final disposal of the case or till further orders;
(g) not leave India with
the prior permission of the Court; and
(h) deposit Passport, if
any, with the Trial Court within a week.
5. It would be open to
the Investigating Officer to file an application for remand, if he
considers it proper and just, and the learned Magistrate would decide
it on merits.
6. This order will hold
good, if the applicant is arrested at any time within 90 days
from today. The order for release on bail will remain operative only
for a period of ten days from the date of her arrest.
Thereafter, it will be open to the applicant to make a fresh petition
for being enlarged on bail, in usual course, and when it comes
before the competent Court, it 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.
7. Rule is made
absolute.
8. Direct Service is
permitted.
(A.L.
DAVE, J.)
Hitesh
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