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CR.MA/13730/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13730 of 2008
=========================================================
BENI
MADHAV HUKMICHAND SHARMA ADMINISTRATIVE MANAGER,OFFICE: & 3 -
Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MIHIR JOSHI SR.ADVOCATE WITH MR BHARAT T RAO for
Applicant(s) : 1 - 4.
Mr.M.R.Mengde, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
1. Rule.
Learned A.P.P.Mr.Mengde waives service of rule on behalf of the
respondent State.
2. Heard
learned Sr.Advocate Mr.Joshi for Mr.Rao, learned counsel for the
applicants accused and learned A.P.P.Mr.Mengde for the respondent
State.
3. This
application for anticipatory bail has been preferred by the
applicants apprehending their arrest in connection with CR No.II-2405
of 2008 of GEB Police Station, Rajkot for the alleged commission of
offences under Section 135 of the Electricity Act, 2003.
4. This
Court has gone through the complaint as well as the averments made in
the petition. This Court has also gone through the documents annexed
with the petition. Taking into consideration the entire facts of the
case, this application deserves to be allowed.
5. In
the event of arrest of the applicants in connection with the CR
No.II-2405 of 2008 of GEB Police Station, Rajkot, they shall be
released on bail in respect of offence/s alleged against them in this
application on executing a bond of Rs.10,000/- each (Rupees ten
thousand only) with one solvent surety of the like amount, by the
concerned Police Officer and on condition that they shall:
(a) deposit
a sum of Rs.50,00,000/- before the trial Court within two weeks from
today without prejudice to their rights and contentions;
(b) remain
present before the trial Court regularly as and when directed on the
dates fixed;
(c) remain
present at the concerned Police Station on 3.11.2008 between 11.00
a.m. to 5.00 p.m.;
(d) make
themselves available for interrogation by a Police Officer, whenever
and wherever required;
(e)
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;
(f) 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.
(g) at
the time of execution of bond, furnish the residential 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.
(h) 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. On
deposit of aforesaid amount of Rs.50,00,000/- before the trial Court
by the accused applicants, the trial Court shall deposit the said
amount in Fixed Deposit in any nationalized bank in the name of the
Nazir for a period of six months.
7. It
would be open to the Investigating Officer to file an application for
remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
8. 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 his 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.
9. Rule
is made absolute. Direct service is permitted.
(
M.D.SHAH, J )
srilatha
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