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CR.MA/8555/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8555 of 2008
=====================================================
PRATIK
MANUBHAI BAKSHI - Applicant
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR HITESH L GUPTA for the
Applicant.
MR KT DAVE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. K. T. Dave waives service
of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 438 of the Code of Criminal
Procedure seeking anticipatory bail in connection with C. R. bearing
No. I-280 of 2005 registered at Fatehgunj Police Station, Vadodara
for the offences punishable under Sections 406, 420, 409, 465, 468,
471, 120B of Indian Penal Code as well as Section 13 (1) (c) of the
Prevention of Corruption Act.
3. Learned
Advocate Mr. H. L. Gupta for the petitioner submitted that
considering the FIR which is produced at Annexure-A and the role
which is attributed to the applicant, the applicant was not directly
involved in the commission of offences. Even the other two persons,
whose names figured in the FIR, were released on anticipatory bail by
this Court by order dated 02-12-2005 and 09-12-2005 in Criminal
Miscellaneous Application Nos. 14061 of 2005 and 13872 of 2005. The
order releasing them on anticipatory bail is produced for the perusal
of the Court. Thus, the learned Advocate submitted that considering
the FIR and the role which is attributed to the applicant, he be
released on anticipatory bail.
4. As
against the aforesaid submissions, learned Additional Public
Prosecutor Mr. K. T. Dave submitted that considering the nature of
offences, the involvement of the applicant in the commission of
offences and the sentence which can be imposed if the applicant is
found guilty, it is not a fit case to grant anticipatory bail.
5. Having
considered the submissions made by learned Counsel of both the sides
and on perusal of the FIR which is produced at Annexure-A, the name
of the applicant does not figure therein. The two other persons
whose names figure in the FIR were released by this Court on
anticipatory bail vide above referred orders which are at
Annexures D and E to the petition.
6. In
view of the above, without entering into the merits of the case, I
am inclined to grant anticipatory bail to the applicant.
7. For
the foregoing reasons, the application is allowed. In the event of
arrest of the petitioner in connection with C. R. bearing No. I-280
of 2005 registered at Fatehgunj Police Station, Vadodara for the
offences punishable under Sections 406, 420, 409, 465, 468, 471, 120B
of Indian Penal Code as well as Section 13 (1) (c) of the Prevention
of Corruption Act, he shall be released on bail on executing a bond
of Rs.10,000/- [Rupees Ten Thousand Only] with one surety of the like
amount on the following conditions that he shall:
[a] co-operate
with the investigation and make himself available for interrogation
whenever and wherever required;
[b] shall
remain present at the concerned Police Station on 22-07-2008 July
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 his residential 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] not
leave India without the permission of the Court and, if holding a
passport, he shall surrender the same before the trial Court within a
week; and,
[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 petitioner 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.
Thereafter, it will be open to the petitioner 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.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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