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CR.MA/8445/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8445 of 2010
=========================================
PARTHIBHAI
KALUBHAI PATEL (CHAUDHARY) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MRTUSHARCHAUDHARY
for Applicant(s) : 1,
MS
MINI NAIR, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/08/2010
ORAL
ORDER
This
application is filed by the applicant under Section 438 of the Code
of Criminal Procedure, 1973 for granting anticipatory bail in
connection with CR No.I-3155 of 2010 registered with Deesa City
Police Station, District-Banaskantha, for the offences punishable
under Sections 427 and 506(1) of the Indian Penal Code read with
Sections 3 and 4 of the Prevention of Damages to the Public
Properties Act.
Heard
Mr.Tushar Chaudhary, learned counsel for the applicant and Ms.Mini
Nair, learned Additional Public Prosecutor, for the
respondent-State.
Having
heard the learned counsel for the parties and perusing the record
and considering the facts of the case, I am inclined to grant
anticipatory bail to the applicant.
In
the event of the arrest of the applicant in connection with CR
No.I-3155 of 2010 registered with Deesa City Police Station,
District-Banaskantha, the applicant shall be released on
anticipatory bail on his furnishing bond of Rs.05,000/- (Rupees Five
Thousand Only) with one surety of the like amount on conditions that
he shall:
(a) remain
present before the trial Court regularly as and when directed on
the dates fixed;
(b) remain
present at Deesa City Police Station, District-Banaskantha, on 09th
August at 10:00 a.m.;
(c) make
himself available for interrogation by 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
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 address to the
Investigating Officer 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;
(h) it
would be open to the Investigating Officer to file an application
for remand if he considers it just and proper, and the learned
Magistrate would decide it on merits.
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 his arrest.
Thereafter, it will be open to the applicant 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. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
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