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CR.MA/982020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9820 of
2008
=========================================
THAKKAR
DHIRUBHAI VAIKUNTHRAM & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
ABHAYKUMAR P SHAH for Applicant(s) : 1 - 2.MR
JIGNESH B SHAH for Applicant(s) : 1 - 2.
MS MANISHA SHAH, APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 31/07/2008
ORAL ORDER
1. RULE.
Ms Manisha Shah, learned Additional Public Prosecutor waives service
of Rule on behalf of the State. In the facts and circumstances of
the case and by consent of both the sides, this matter is taken up
for hearing today.
2. This
is an application for anticipatory bail under Section 438 of the Code
of Criminal Procedure in connection with FIR bearing CR No. I 109
of 2008 registered with Radhanpur Police Station for the offences
punishable under Sections 366 and 114 of the IPC.
3. Mr
Shah, learned advocate for the petitioners submitted that considering
the FIR produced at Annexure-A to the petition, false case has been
foisted on the petitioners and therefore, it is a fit case to release
the petitioners on anticipatory bail. The learned advocate for the
petitioners submitted that the petitioners would abide by the terms
and conditions imposed by this Court, if they are released on
anticipatory bail.
4. Ms
Manisha Shah, learned Additional Public Prosecutor representing the
State submitted that considering the role attributed to the
petitioners which is reflected in the FIR at Annexure-A to the
petition, the role played by the petitioners and the manner in which
they are involved in the commission of offences, the petition
deserves to be rejected.
5. Having
considered the rival submissions and on perusal of the FIR at
Annexure-A to the petition and the averments made in the petition,
the petitioners are booked for the offences punishable under Sections
366 and 114 of the IPC. I have also considered the role attributed
to the petitioners and the manner in which the petitioners are
involved in the commission of offences, but however, considering the
facts and circumstances of the case, I am inclined to exercise my
discretion in favour of the petitioners.
6. In
the event of arrest of the petitioners in connection with FIR bearing
CR No. I 109 of 2008 registered with Radhanpur Police Station for
the offences punishable under Sections 366 and 114 of the IPC, they
shall be released on bail on executing a bond of Rs.10,000/- each
[Rupees ten thousand only] with one surety each of the like amount on
the following conditions that they shall:
[a] co-operate
with the investigation and make themselves available for
interrogation whenever and wherever required.
[b] shall
remain present at the concerned Police Station on 04.08.2008 between
9.00 AM to 3.00 PM.
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish their residential address to
the investigating officer and the Court concerned and shall not
change their residence till the final disposal of the case or till
further orders;
[e] not
leave India without the permission of the Court and, if holding a
passport, they shall surrender the same before the Trial Court within
a week;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
7. It
would be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
would decide it on merits.
8. This
order will hold good, if the petitioners are 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 their
arrest. Thereafter, it will be open to the petitioners to make a
fresh application for being enlarged on bail in usual course, which,
when it comes up before the competent Court, will be decided in
accordance with law, having regard to all the attending circumstances
and the materials available at the relevant time, without being
influenced by the fact that anticipatory bail was granted.
9. With
these directions, this petition is allowed.
Rule
is made absolute. Direct Service is permitted.
[H.B.
Antani, J.]
mrpandya*
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