IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 2983 of 2003
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DILIPKUMAR ALIAS LALO MAFATLAL CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 2983 of 2003
MR NITIN M AMIN for Petitioner No. 1-5
MR PR ABICHANDANI, APP for Respondent No. 1
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CORAM : MR.JUSTICE R.P.DHOLAKIA
Date of Order: 03/05/2003
ORAL ORDER
Rule. Mr.P.R.Abichandani, learned Addl. Public
Prosecutor waives service.
2.The learned Counsel for the petitioner has not
pressed for petitioner No.2. At present this matter is
heard only qua petitioners No.1,3,4 and 5. Considered
the submissions of the parties and perused the materials
on record. In the facts and circumstances of the case
the petition is required to be allowed and is accordingly
allowed. The parties do not press for a reasoned order.
3.In the event of arrest of the petitioners, except
petitioner No.2, in I.C.R. No. 112 of 2003 of Unjha
Police Station, they shall be released on bail in respect
of offences alleged against them in this petition on
their executing a bond of Rs.5,000/(Rupees Five Thousand
Only) 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 as and when
directed on the dates fixed;
(b) remain present at concerned police station on 8th
May, 2003 at any time between 9.00 AM and 2.00
PM;
(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 fact of the case so as to dissuade him from
disclosing such facts to the Court or to any
Police Officer;
(e) not obstruct or hamper the police investigation
or tamper with the evidence or influence the
witnesses;
(f) at the time of execution of bond, furnish the
address to the Investigating Officer and the
Courts concerned and shall not change their
residence till the final disposal of the case of
till further orders;
(g) not leave INDIA without the prior 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 petition for remand if he considers it proper and
the learned Magistrate would decide it on merits.
5.This order will hold good if the petitioners 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 petitioners to make a
fresh petition 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.
(R.P.DHOLAKIA,J.)
/malek