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CR.MA/15524/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15524 of 2010
=========================================
NAGINDAS
MOHANLAL PATEL & 1
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR DAXESH T DAVE for
Applicants
MR KARTIK PANDYA APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No. I- 452 of 2010 with Amraiwadi Police Station, for the
offences punishable under Sections 384. 294(b), 506(1) and 114 etc.
of the Indian Penal Code and Sections 33 and 34 of the Money Lending
Act.
Mr.D.
T. Dave, learned counsel appearing for the applicants submits that
the applicants are falsely implicated in the offences registered
inasmuch as the applicants had not taken any coercive action against
the deceased for recovery of their dues and on the contrary, the
applicants had made payment to the complainant on five different
occasions through cheques in the month of December, 2009 and
January, 2010. Besides the version of the complainant reveals that
the applicants were dealing in share transactions and illegal
activities of “dabba” and thus incurred debts which
could not be paid by him. It is submitted that hence, the applicants
may be enlarged on anticipatory bail by imposing suitable
conditions.
Mr.Kartik
Pandya, learned APP for the respondent – State submits that
the applicants are involved in serious offences and they may not be
enlarged on anticipatory bail.
Having
heard learned counsel for the parties and perused the record of the
case and considering the facts and circumstances and the backdrop of
the facts, I am inclined to grant anticipatory bail to the
applicants.
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
C.R.No. I- 452 of 2010 with Amraiwadi Police Station, the applicants
shall be released on bail on furnishing a bond of Rs.5,000/- [Rupees
Five Thousand Only] each with one surety of like amount on following
conditions :-
(a) shall
cooperate with the investigation and make available for whenever
required;
(b) shall
remain present at the concerned Police Station on 30.12.2010 at
11.00 a.m ;
(c) 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, furnish the address to the Investigating
Officer and the Court concerned and shall not change the residence
till the final disposal of the case till further orders;
(e) will
not leave India without the permission of the Court and, if is
holding passports, shall surrender the same before the trial Court
within a week;
(f) it
would be open to the Investigating Officer to file an application for
remand, if they consider 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.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
[
ANANT S. DAVE, J. ]
vijay
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