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CR.MA/14837/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14837 of 2011
=========================================================
HAJABHAI
DHARABHAI BHARVAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DR BHATT for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/11/2011
ORAL ORDER
1. This is an application
for anticipatory bail under Section 438 of the Code of Criminal
Procedure in connection with the FIR bearing CR No. I-229 of
2011 registered with Ghatlodia Police Station, Ahmedabad for the
offences punishable under Sections 406, 420, 506(2) and 114 of the
IPC.
2.
Heard Mr.D.R.Bhatt, learned counsel for the applicant. He has
submitted that if we look at the FIR it becomes clear that it is
Prakashbhai, who was and who is personally known to the complainant
and the transaction in question is between Prakashbhai and the
complainant. It is submitted that even the bills in question were
prepared in the name of Prakashbhai and the cheques in question have
also been issued by Prakashbhai. It is Prakashbhai who may be said to
have committed the offence as has been alleged in the FIR and not the
present applicant. He has submitted that no prima facie case is made
out against the present applicant. He has submitted that present
applicant will be available during interrogation and investigation.
He has therefore, prayed that present applicant may be granted
anticipatory bail.
3. Heard
Mr.K.L.Pandya, learned APP for the respondent State. Mr.Pandya has
vehemently opposed the present application.
4. Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, I am
inclined to grant anticipatory bail to the applicant. This Court has
also taken into consideration the law laid down by the Apex Court in
the case of Siddharam Satlingappa Mhetre v. State of
Maharashtra & Ors., reported in (2011) 1 SCC 694,
wherein the Apex Court reiterated the law laid down by the
Constitutional Bench in the case of Shri Gurubaksh Singh
Sibbia & Ors., reported in (1980) 2 SCC 565.
5. The application is
allowed. The applicant is granted anticipatory bail in the event of
his arrest in connection with CR No. I-229 of 2011 registered
with Ghatlodia Police Station, Ahmedabad for the offences as alleged
in FIR on his executing a bond of Rs.10,000/- [Rupees Ten thousand
only] with one surety of the like amount on the following conditions
that he shall:
[a] co-operate with the
investigation and make himself available for interrogation whenever
and wherever required.
[b] shall remain present
at the concerned Police Station on 14.11.2011 at 11.00 AM ;
[c] shall not hamper the
investigation in any manner nor shall directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to any police officer;
[d] at the time of
execution of bond, furnish him residential 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] not leave State of
Gujarat without the permission of the Court and, if holding a
passport, he shall surrender the same before the Trial Court within a
week;
[f] not obstruct or hamper
the police investigation and not play mischief with the evidence
collected or yet to be collected by the police;
6. It would be open to the
Investigating Officer to file an application for remand if he
considers it proper and just; and the competent Court would decide it
on merits.
7. At the trial, the Trial
Court shall not be influenced by the observations of preliminary
nature, qua the evidence at this stage, made by this Court while
enlarging the applicant on bail.
8. The applicant is
permitted to obtain regular bail as per the established provision of
law, within suitable time.
9. Rule made absolute.
Direct service is permitted.
(Z.K.SAIYED, J.)
kks
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