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CR.MA/8748/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8748 of 2008
==========================================
BHIKHABHAI
NARANBHAI CHAVDA AND ANOTHER
Versus
STATE
OF GUJARAT
==========================================Appearance
:
MS MEGHA
JANI for the Applicants
MR RC KODEKAR, ADDL
PUBLIC PROSECUTOR for the
Respondent
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 04/07/2008
ORAL
ORDER
1. RULE.
Mr. R.C. Kodekar, learned APP waives service of rule on behalf of the
respondent State.
2. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with complaint being C.R. No. I-34 of 2008
registered with Kalyanpur Police Station, Jamnagar for the offences
punishable under Sections 379, 114 of the Indian Penal Code read with
Sections 21(1), (2), (3) and (5) of Mines and Minerals (Development
and Regulation) Act, 1957 and Sections 13(1) and 13(2) of Gujarat
Minerals (Prevention of Illegal Mining, Storage and Transporation)
Rules, 2005.
3. The
applicants undertake to pledge the land with the respondent State
that, in case, their case is lost, they will surrender the land to
the State. The land is said to be in the name of applicant No.1.
Therefore, applicant No.1 alongwith other will execute bonds for
pledging the land. On the aforesaid condition, the application is
allowed. In the event of the arrest of the applicants in connection
with C.R. No. I-34 of 2008 registered with Kalyanpur Police Station,
Jamnagar, they shall be released on anticipatory bail in respect of
the offences alleged against them in this application on their
executing a bond of Rs. 5000/- (Rupees five thousand only) each with
one surety of the like amount, by the concerned police officer and on
conditions that they 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 10.7.2008 any time between
9.00 a.m and 3.00 p.m.;
(c
) make themselves 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 him
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 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.
4. 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.
5. This
order will hold good, if the applicants are 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 their
arrest. Thereafter, it will be open to the applicants 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.
6. Rule
is made absolute. Direct service is permitted.
(BHAGWATI
PRASAD, J)
omkar
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