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CR.MA/1051620/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10516 of 2008
=========================================================
DESAI
RAJUBHAI KANTIBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAUDHARY for
Applicant(s) : 1 - 2.
MS.ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/08/2008
ORAL
ORDER
1. Leave
to amend. Amendment be carried out forthwith.
2. RULE.
Ms.M.L. Shah, learned A.P.P. waives service of Rule on behalf of the
State. In the facts and circumstances of the case and by consent of
learned advocates of both the sides, this matter is taken up for
hearing today.
3. This
application is preferred under Section 438 of the Code of Criminal
Procedure for anticipatory bail in connection with the FIR bearing
CR.No.I 76 of 2008 registered with Prantij Police Station for the
offence punishable under Sections 363,366,376 and 114 of the Indian
Penal Code.
4. Ms.Chaudhary,
learned advocate for the petitioners submitted that considering the
role attributed to the petitioners, they are not directly involved in
the commission of offence punishable under Sections 363,366,376 and
114 of the Indian Penal Code. In view of the above, learned advocate
submitted that it is a fit case to grant anticipatory bail, as prayed
for in the petition, to the petitioners.
5. Ms.M.L.
Shah, learned A.P.P. representing the State submitted that the
petitioners are booked for the offence punishable under Sections
363,366,376 and 114 of the Indian Penal Code. Considering the role
played by the petitioners and the manner in which the offence is
committed by the petitioners along with the main accused, the
petition does not call for any interference and the petition is
liable to be dismissed.
6. I
have considered the rival submissions, perused the averments made in
the petition and the FIR at Annexure-A to the petition. Considering
the role attributed to the petitioners and the manner in which the
alleged offence is committed by them as well as the quantum of
punishment, I am inclined to exercise my discretion in favour of the
petitioners.
7. In
the event of arrest of the petitioners in connection with FIR bearing
CR.No.I 76 of 2008 registered with Prantij Police Station for the
offences punishable under Sections 363,366,376 and 114 of the Indian
Penal Code, 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] remain
present at the concerned Police Station on 29.08.2008 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;
8. 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.
9. 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.
With
these directions, this petition is allowed.
Rule
is made absolute. Direct Service is permitted.
[H.B.ANTANI,
J.]
Hitesh
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