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CR.MA/893120/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8931 of 2008
=========================================================
RAO
KALPESHKUMAR VASUDEVBHAI
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR PM THAKKAR OF M/S
THAKKAR ASSOC. for Applicant.
MR HL JANI, ADDL. PUBLIC PROSECUTOR
for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/07/2008
ORAL
ORDER
RULE. Mr. H.L.
Jani, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. In the facts and circumstances of the
case, 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 a criminal complaint being C.R.
No. I- 87 of 2008 registered with Kalol City Police Station for
offence punishable under section 306 of the Indian Penal Code.
Learned advocate
for the petitioner submitted that considering the role attributed to
the petitioner, which is reflected in the FIR produced at Annexure
‘A’ to the petition, the petitioner has been falsely implicated in
the commission of offence, and, therefore, the prayer as set out in
the application for anticipatory bail be granted. He further
submitted that the applicant is ready and willing to co-operate with
the investigating officer and is not likely to flee the course of
justice and, therefore, the case of the applicant may be considered
for grant of anticipatory bail.
On the other
hand, Mr. H.L. Jani, learned Additional Public Prosecutor for the
state opposed the grant of bail and submitted that considering the
alleged involvement of the petitioner and the manner in which the
offence is committed, it is a fit case not to grant anticipatory
bail, and, therefore, the applicant does not deserve the
discretionary relief.
Having heard the
learned the rival submissions of the learned advocates and
considering the role attributed to the petitioner in the police
papers, FIR at Annexure ‘A’ and the order passed by learned
Additional Sessions, Fast Track Court No.4, Gandhinagar in Criminal
Misc. Application No. 242 of 08, the petitioner has been booked for
offence punishable under section 306 of the Indian Penal Code. I
have also considered the nature of the offence, the manner in which
the offence is alleged to have been committed and the gravity of the
offence and considering the facts and circumstances, I am inclined to
grant anticipatory bail to the applicant.
In the event of
arrest of the petitioner in connection with C.R. No. I 87 of 2008
registered with Kalol City Police Station for offence punishable
under section 306 of the Indian Penal Code, 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 4th August 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;
[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, 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 Criminal Misc. Application is allowed. Rule is made
absolute.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J. ]
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