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CR.MA/9218/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9218 of 2008
=========================================================
CHETANBHAI
BHOGILAL SHAH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PRAKASH THAKKAR, SENIOR ADVOCATE for M/S THAKKAR ASSOC. for
Applicant(s) : 1 - 2.
MR MUKESH PATEL, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/07/2008
ORAL ORDER
1. RULE.
Mr Mukesh Patel, learned Additional Public Prosecutor waives service
of Rule on behalf of respondent ? State. In the facts and
circumstances of the case, this application is taken up for hearing
today.
2. This
application filed under Section 438 of Criminal Procedure Code for
transit bail in connection with the offences committed by the
applicants at Udgir Police Station, District Latur, Maharashtra being
CR No. I? 82/2008 for the offences punishable under Sections, 406,
420 and 34 of the Indian Penal Code. As the applicants are seeking
transit bail under Section 438 of the Criminal Procedure Code, no
reason is required to be passed in view of the judgments cited by the
learned Senior Advocate which are as under :-
(1) Harshadbhai
Manubhai Patel & Others V/s. State of Gujarat vide Criminal Misc.
Application No.5063 of 1998; and
(2) Pankajkumar
Mangal V/s. State of Gujarat vide Criminal Misc. Application No.13686
of 2007.
3. In
view of the above, the application is required to be allowed and
hence, the following order :-
O
R D E R
Anticipatory Bail under Section 438 of Cr.P.C. is granted to the applicants for a period of three weeks from today in the event of their arrest in connection with CR No. I? 82/2008 of Udgir Police Station, District Latur, Maharashtra, on each of them executing a bond of Rs.5,000/-(Rupees Five Thousand only) with one surety of the like amount, by the concerned police officer and meanwhile they are directed to approach the appropriate authority and obtain necessary orders if they so desire. During the period of transit anticipatory bail, they should abide the following conditions that they shall,
(a) remain present before the Court as and when directed on the dates fixed;
(b) make themselves available for interrogation by a police officer, whenever and wherever required;
(c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
(d) 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;
(e) at the time of execution of bond, furnish the address to the Investigating Officer and the Court and shall not change their residence till the final disposal of the case or till further orders; It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decide it on merits.
4. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(H.B. Antani, J.)
mrpandya*
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