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CR.MA/7325/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7325 of 2010
=========================================================
GAURAMKHAN
GULABKHAN BALOCH & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RJ GOSWAMI for
Applicant(s) : 1 - 5.
MR AJ DESAI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 20/07/2010
ORAL
ORDER
This
Application is filed by the applicants under Section 438 Cr. P.C.
for anticipatory bail in connection with CR No. I 89 of 2010,
registered with Deodar Police Station, District Banaskantha, for the
offences under Sections 143, 147, 323, 436 & 34 of I.P. Code.
Heard
learned Counsel for the parties and perused the papers produced
before me.
Learned
Counsel for the applicants has contended that the case is
pertaining to land dispute and is going on between the petitioners
and the complainant and because of dispugte the complainant has
concocted the incident and has lodged the FIR. The applicants No.2 &
3 are the sons and the applicants No.4 & 5 are the relatives of
the applicant No.1.
Learned
APP for the respondent has vehemently opposed this application.
Having
heard the learned Counsel for the parties and perusing the record
and considering the arguments advanced by the learned Counsel for
the parties, I am of the opinion that this is a fit case to grant
anticipatory bail to the applicants.
In
the result, this Application is allowed by directing that in the
event of the applicants herein being arrested pursuant to CR No. I
89 of 2010 registered with Deodar Police Station, Dist. Banaskantha,
the applicants shall be released on Bail on Bond of Rs.10,000/-
(Rupees ten thousand only) each with one surety of like amount on
condition that –
a) they
shall co-operate with the investigation and make themselves available
whenever required;
b) they
shall remain present before the concerned Police Station, on 23rd
July, 2010 at 11.00 am.
c) they
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 for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, they shall furnish their address to
the I.O. and the Court concerned and shall not change the residence
till the final disposal of the case or till further orders;
e) that
they will not leave India without the permission of the Court and, if
they are holding a Passport, surrender the same before the trial
Court immediately;
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;
g) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicants shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
8. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,J.)
sas
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