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CR.MA/8769/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8769 of 2010
=========================================
DILIPBHAI
RANCHHODBHAI AHIR @ DINESHBHAI RANCHHODBHAI AHIR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR PRAKASH
THAKKAR FOR M/S THAKKAR ASSOC.
for Applicant(s) : 1,
MR
AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/08/2010
ORAL
ORDER
This
application is filed by the applicant under Section 438 of the Code
of Criminal Procedure, 1973 for granting anticipatory bail in
connection with CR No.I-109 of 2010 registered with Rander Police
Station for the offence punishable under Sections 392, 506, 120-B,
387 and 114 of the Indian Penal Code.
Heard
Mr.Prakash Thakkar, learned Senior Counsel for the applicant and
Mr.A.J. Desai, learned Additional Public Prosecutor, for the
respondent-State.
Having
heard the learned counsel for the parties and perusing the record
and considering the facts of the case, I am inclined to grant
anticipatory bail to the applicant.
In
the event of the arrest of the applicant in connection with CR
No.I-109 of 2010 registered with Rander Police Station, the
applicant shall be released on anticipatory bail on his furnishing
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of
the like amount on the conditions that:
(a) remain
present before the trial Court regularly as and when directed on
the dates fixed;
(b) remain
present at Rander Police Station on 13th August 2010 at
11:00 a.m.;
(c) make
himself available for interrogation by 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
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;
(h) it
would be open to the Investigating Officer to file an application
for remand if he considers it just and proper, and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant 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 applicant 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. Rule is made absolute.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
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