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CR.MA/13835/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13835 of 2008
=========================================
ASHWINBHAI
VASANTBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MANOJ S JOSHI
for Applicant(s) : 1,
MR MENGDEY,ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
1. Rule.
Mr.M.R.Mengdey, learned A.P.P. waives service on behalf of the
respondent-State.
2. Heard
Mr.M.S.Joshi, learned counsel for the applicant-accused and learned
A.P.P. Mr.M.R.Mengdey, for the respondent-State.
3. This
application for anticipatory bail has been preferred by the applicant
apprehending his arrest in connection with C.R.No.I-316/2006 which
has been registered with Bhavnagar City ?SC?? Division Police
Station, for the alleged commission of offence under Sections
406,409,420,465,467,468,471,120-B of the Indian Penal Code and
Section 13-1(d) of the Prevention of Corruption Act, 1993.
4. This
Court has gone through the complaint as well as the order passed by
this Court in favour of the other accused persons. The main accused
are Mr.J.M.Shah, Mr.Devanbhai Rasikbhai Parekh and other two persons.
Regular bail of the gold valuer is also granted by this Court. It is
alleged that the present applicant was serving as Cashier through
during the time when this crime was committed.
5. Taking
into consideration the nature of work of the present applicant and
role played by him, application deserves to be allowed.
6. In
the event of arrest of the applicant in connection with
C.R.No.I-316/2006 which has been registered with Bhavnagar City ?SC??
Division Police Station, he shall be released on bail in respect of
offence alleged against him in this application on executing a bond
of Rs.10,000/-(Rupees Ten Thousand Only) with on surety of the like
amount, by the concerned Police Officer and on condition 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 3rd November,
2008 between 9:00 a.m. and 2:00 p.m.
(c) make
himself available for interrogation by a Police Officer, whenever
and wherever required;
(d) not
directly or indirectly make any inducement threat or promise to any
person acquainted with the facts of the case so as to dissuade 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 residential address to
the Investigating Officer and the Court 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.
7. It
would be open to the Investigating Officer to file an application for
remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
8. This
order will hold good if the applicant is arrested any time within 90
days from today. This 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 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.
9. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,
J.)
sudhir
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