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CR.MA/10280/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10280 of 2010
=========================================
JAFARALI
IBRAHIMBHAI PARBATIYA
Versus
STATE
OF GUJARAT
=========================================Appearance
:
MR SAURIN A SHAH for
Applicant
MR HH PARIKH ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 21/09/2010
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 –
6 of 2004 registered with Bhuj ACB Police Station for the offences
punishable under Sections 406, 409, 420, 465, 468, 437, 34 114 and
201 of the Indian Penal Code and under Sections 7, 12, 13(1)(c)(d)
and Section 13(2) of the Prevention of Corruption Act.
Mr. Saurin
A. Shah, learned advocate for the applicant 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. In view of the aforesaid facts and
circumstances of the case, it is a fit case to release the present
applicant/s on anticipatory bail.
Mr.H. H.
Parikh, 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 application, the applicant is booked for the
offences punishable under Sections 406, 409, 420, 465, 468, 437, 34
114 and 201 of the Indian Penal Code and under Sections 7, 12,
13(1)(c)(d) and Section 13(2) of the Prevention of Corruption Act.
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/s.
In the
event of arrest of the applicant in connection with CR No. I –
6 of 2004 registered with Bhuj ACB Police Station for the offences
punishable under Sections 406, 409, 420, 465, 468, 437, 34 114 and
201 of the Indian Penal Code and under Sections 7, 12, 13(1)(c)(d)
and Section 13(2) 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 27.09.2010
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/she/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;
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 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.
Thereafter, it will be open to the applicant 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 application is allowed. Rule is made absolute.
Direct Service is permitted.
(
Z. K. SAIYED, J. )
(vijay)
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