Gujarat High Court Case Information System
Print
CR.MA/1507/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1507 of 2011
=========================================================
KISHANLAL
NANDLAL MITTAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRRUSHABHRSHAH
for
Applicant(s) : 1 - 2.
MR JK SHAH, APP for Respondent(s) : 1,
MR SHAKEEL A. QUERESHI for the complainant.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/02/2011
ORAL
ORDER
1. Learned
advocate for the petitioner submitted that the petitioners have no
criminal antecedents. They are residents of Amritsar in Punjab.
Main allegations in the complaint are against son of petitioner No.1,
Sunil. Petitioner No.1 is aged about 77 years. In addition to the
above, I have also perused the nature of allegations made in the FIR.
Primary thrust of the allegations is against Sunil who is stated to
have purchased gray fabrics from various persons and disappeared
without making payment thereof.
3. Considering
the above aspects, the petitioners, in the event of their arrest in
connection with C.R.No.I-37 of 2010 of DCB Police Station, Surat
shall be released on bail upon their furnishing bond of Rs.50,000/-
(Rupees Fifty Thousand) each with one surety of like amount to the
satisfaction of the lower Court and subject to the following
conditions that they :
[A] shall
cooperate with the investigation and make themselves available for
interrogation whenever required.
[B] shall
remain present at concerned Police Station on 18th
February 2011 between 11:00 am to 2:00 pm:
[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 from disclosing such facts to the Court or to any
Police Officer;
[D] shall
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 or till further
orders;
[E]
will not leave India without the permission of the Court and, if is
holding a Passport, shall surrender the same before the trial Court
immediately
[F] It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
[G] despite
this order, it would be open for the Investigating Agency to apply to
the competent Magistrate, for police remand of the petitioners. The
petitioners shall remain present before the learned Magistrate on
the first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the petitioners,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
Rule
made absolute accordingly.
Direct
service is permitted.
(Akil
Kureshi, J.)
(vjn)
Top