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CR.MA/7331/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7331 of 2010
=====================================================
ANIL
NATUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
UTPAL M PANCHAL for Applicant(s) : 1,
MR AJ DESAI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/07/2010
ORAL
ORDER
In
the facts and circumstances of the case and by consent of both the
sides, this matter is taken up for hearing today.
This
is an application for anticipatory bail under Section 438 of the Code
of Criminal Procedure in connection with the FIR bearing CR No. I
277 of 2009 registered with Katargam Police Station, Surat for the
offences punishable under Sections 363, 366 and 376 of the Indian
Penal Code.
Mr.
Panchal, learned advocate for the petitioner submitted that the
applicant is an innocent person and has not committed any offence as
alleged in the FIR and he has been wrongly arraigned in the
commission of the offence. There is no any criminal antecedent
against the applicant. He also submitted that the accused No.1 is
enlarged by this Court on 22.6.2010 passed in Criminal Misc.
Application No.6334 of 2010 and therefore, on parity ground also, the
applicant is required to be granted anticipatory bail. In view of the
aforesaid facts and circumstances of the case, it is a fit case to
release the present applicant on anticipatory bail.
Mr.
A.J. Desai, learned Additional Public Prosecutor representing the
State submitted that considering the role attributed to the applicant
which is reflected in the FIR at Annexure-A to the application and
the nature of offences in which the applicant is involved as well as
the manner in which the offences are committed by the applicant, the
application deserves to be rejected.
Having
considered the rival submissions and on perusal of the FIR at
Annexure-A to the petition, the petitioner is booked for the offences
punishable under Sections 363, 366 and 376 of the Indian Penal Code.
In view of the above facts and circumstances of the case and without
entering into merits of the case, I am inclined to exercise my
discretion in favour of the applicant.
In
the event of arrest of the petitioner in connection with CR No. I
277 of 2009 registered with Katargam Police Station, Surat for the
offences punishable under Sections 363, 366 and 376 of the Indian
Penal Code, he shall be released on bail on his 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 23.7.2010 at
11:00 a.m.
[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;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
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.
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, 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.
(Z.K.SAIYED,
J.)
ynvyas
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