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CR.MA/9199/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9199 of 2006
=========================================================
PARESHBHAI
LALJIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Applicant(s) : 1,
MR HL JANI A.P.P. for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKSHAY H.MEHTA
Date : 25/08/2006
ORAL
ORDER
1. Rule.
Mr. Jani learned A.P.P., waives service of rule on behalf of the
opponent State.
2. The
applicant has approached this Court under Section 438 of the Criminal
Procedure Code. He seeks protection against his impending arrest in
connection with the F.I.R., registered at C.R. No. I-214 of 2005 for
the alleged commission of the offences which are made punishable
under Sections 406, 420, and 114 of the Indian Penal Code. The
F.I.R., is registered at Patan Police Station. It is alleged that the
applicant along with two other original accused, on false promise
made the informant part with a sum of Rs.1 lakh saying that they
would secure a job for his son as a constable in Railway Protection
Force. They did not do it, but misappropriated the amount.
3. However,
in view of the order passed in Criminal Misc. Application No. 9199 of
2006, protection is required to be granted to the present applicant.
Hence, the following order.
4. In the facts and circumstances of the case, the application is allowed. In the event of the arrest of the applicant in Crime Register No. I-214 of 2005 of Patan Police Station, he shall be released on bail in respect of the offence alleged against him in this application on his executing a bond of Rs.5,000=00 [Rupees Five Thousand only] with one solvent surety of the like amount, by the concerned police officer and 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 the concerned Police Station on 7th September, 2006 between 11:00 a.m., & 5:00 p.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 Courts 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 proper and just; and the learned Magistrate would decided it on merits.
5. 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, during which, 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.
6. Rule is made absolute. Direct Service is permitted.
[Akshay H. Mehta, J.]
/phalguni/
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