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CR.MA/802/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 802 of
2011
=========================================================
GHANSHYAMSINH
LAKHUBHA ZALA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 4.
MR KP RAVAL, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. The
petitioners, by way of this petition, seek anticipatory bail in
connection with the complaint, bearing C.R. No. I-66/10, filed before
Wankaner City Police Station, for the offences punishable under
Sections-323, 325, 504, 394 and 114 of the Indian Penal Code and
Section-135 of the Bombay Police Act.
2. The
learned
Counsel for the petitioners submitted that the alleged complaint is
an offshoot of a land deal, with regard to which certain disputes are
going on between the parties. He, further, submitted that,
subsequently, on the allegation that one mobile phone was stolen,
Section-394 of the Indian Penal Code is also added.
3. In
addition to the above submission, I have also perused the nature of
allegations in the complaint. Taking into account the statement of
the learned Counsel for the petitioners that they have no criminal
antecedents,
it is ordered that in the event of arrest of the petitioners, in
connection with C.R. No. I-66/10, filed before Wankaner
City Police Station, they
shall be RELEASED on anticipatory bail,
upon furnishing bond of Rs. 25,000/-(Rupees Twenty
Five Thousand) with one surety, by EACH of THEM,
of the like amount, to the satisfaction of the lower Court and
subject to the 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 28th
January, 2011, between 11:00 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 him 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 prior
permission of the Court and, if is holding a PASSPORT,
shall 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 from, TODAY;
[H] Within
a period of TEN DAYS from the date of arrest, the
applicant 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.
4. Rule
is made absolute. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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