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CR.MA/1278720/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12787 of
2008
=========================================================
GIRISHKUMAR
AMBALAL PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MP SHAH for
Applicant(s) : 1, MS. KRUTI M SHAH for Applicant(s) : 1,
MR MR
MENGDEY ASST. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 17/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. Heard,
Ms. Shah, learned Counsel for the applicant-accused and Mr. Mengdey,
learned APP on behalf of respondent-State.
3. This
application for anticipatory bail has been preferred by the applicant
apprehending his arrest in connection with C.R. No. I-58 of 2008
which has been registered with Rangpur Police Station, Chhotaudepur,
District : Vadodara for the alleged commission of offence punishable
under Section 409 of the I.P.C..
4. Taking
into consideration the nature of offence and the fact that the amount
which is alleged to be mis-appropriated by the applicant was
deposited by the applicant as well as in view of the order passed by
this Court(Coram: Hon’ble Mr. Justice M.R. Shah) dated 19.09.2008 in
Criminal Misc. Application No.11995 of 2008 whereby the similarly
situated accused person was released on bail by this Court, the
application deserves to be allowed and is allowed.
5. In
the event of arrest of the applicant in connection with C.R. No. I-58
of 2008 of Rangpur Police Station, Chhotaudepur, District : Vadodara,
he shall be released on bail in respect of offence/s alleged against
him in the aforesaid complaint, on his executing a bond of
Rs.5,000/-(Rupees Five Thousand Only) with one surety of the like
amount, by the concerned police officer and on condition that he
shall;
(a) remain
present before the trial Court regularly as and when directed on the
dates fixed,
(b) remain
present at the concerned police Station on 21st October,
2008 between 9:00 a.m. and 2:00 p.m.,
(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
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.
6. 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.
7. This
order will hold good if the applicant is arrested any time time
within 90 days from today. This order of released 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.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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