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CR.MA/6113/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6113 of 2011
=========================================================
CHAMAR
KUBERBHAI VASRAMBHAI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SN BAROT for Applicant(s) : 1 - 3.
MR JK SHAH APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 10/05/2011
ORAL
ORDER
Rule.
Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf
of State.
Accused-applicants
have prayed for anticipatory bail in connection with offences
registered with Mehsana City Police Station, Mehsana, District:
Mehsana vide C.R.No.I-19 of 2011 for the offences punishable under
Sections 465, 466, 467, 468, 471, 474, 472, 476 and 120(B) of Indian
Penal Code.
I
have heard learned advocate, Mr.S.N.Barot for the accused-applicants
and learned APP, Mr.J.K.Shah, for the respondent-State.
Having
regard to the rival contentions of the respective Counsels and
having considered the case of the prosecution and the allegations
against the accused-applicants,
I am inclined to exercise my discretion in favour of the
accused-applicants considering the following aspects:
(I) Offences
in question relate to some illegality committed way back in the year
2002;
(II) Record
further reveals that the persons who derived benefit from the
alleged bogus order dated 19.4.2002 have been ordered to be enlarged
on anticipatory bail by the Sessions Court, Mehsana.
(III)
Pursuant to the order passed by this Court in Criminal Misc.
Application No.3640 of 2011, other co-accused have already been
enlarged on anticipatory bail.
In
view of the fact that other co-accused have already been enlarged on
anticipatory bail, mainly beneficiaries of the order, no custodial
interrogation is now necessary in the matter.
In
this view of the matter, accused-applicants are ordered to be
enlarged on bail in the event of their arrest in connection with the
offence registered with Mehsana City Police Station, Mehsana vide
C.R. No.I-19 of 2011. They shall be released on bail on furnishing a
bond of Rs.10,000/-(Rupees Ten Thousand Only) each with one surety
each of like amount on following conditions that they:
(A) shall
cooperate with the investigation and make themselves available for
interrogation whenever required.
(B) shall
remain present at the concerned police station on 18th
May, 2011 between 9.00 a.m. to 2.00 p.m.
(C) shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
(D) shall
at the time of execution of bond, furnish the 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) will
not leave India without the permission of the Court and if are
holding a passport, shall surrender the same before the trial Court
within a week;
(F) It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
It
would be open for the Investigating Agency to apply to the competent
Magistrate, for police remand of the applicants. The applicants
shall remain present
before the learned Magistrate on the first date of hearing on such
application and on all subsequent occasion, as may be directed by
the learned Magistrate. This would be sufficient to treat the
accused in the judicial custody for the purpose of entertaining
application of the prosecution for police remand. This is, however,
without prejudice to the right of the accused to seek stay against
an order of remand, if ultimately granted, and the power of the
learned Magistrate to consider such a request in accordance with
law. It is clarified that the applicants, even if remanded to the
police custody upon completion of such period of police remand,
shall be set free immediately, subject to other conditions of this
anticipatory bail order.
With
these directions, application is allowed. Rule is made absolute.
Direct service is permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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