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CR.MA/5846/2010 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5846 of 2010
In
CRIMINAL
MISC.APPLICATION No. 2396 of 2010
In
CRIMINAL
MISC.APPLICATION No. 13010 of 2009
=========================================================
HANSRAJ
@ TIKLO MANGALSINH SHEKHAWAT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAMPANERI for
Applicant(s) : 1,
MR DIVYESH SEJPAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 24/06/2010
ORAL
ORDER
Rule.
Mr. Divyesh Sejpal, learned Additional Public Prosecutor waives
service of rule. Having regard to the facts and circumstances of the
case, this application is taken up for hearing today.
This
is an application under Section 438 of the Code of Criminal Procedure
seeking extension of the order of anticipatory bail passed by this
Court dated 11.12.2009 in connection with the FIR bearing CR No.
I 131 of 2005 registered with Sabarmati Police Station for the
offence punishable under Sections 365, 294[B], 506[1], 114, 193, 195,
196, 203, 211, 220, 327, 342, 344, 120B] of Indian Penal Code,
Section 32B[B], 58, 59, 22, 8[c], 20[B] of NDPS Act as well as
Section 25[1]BA and 29 of Arms Act.
The
petitioner was initially granted anticipatory bail in the above
offence, vide order dated 18.08.2009 passed by this Court [Coram:
K.S. Jhaveri, J.] in Cr. M.A. No. 10549 of 2006. The said order
granting anticipatory bail was extended for a further period of 90
days, vide order dated 11.12.2009 passed by this Court [Coram: K.S.
Jhaveri, J.] in Cr. M.A. No. 13010 of 2009. The petitioner again
approached this Court for anticipatory bail in the same offence by
filing Cr. M.A. No.2396 of 2010 and this Court by order dated
15.03.2010. Again, the petitioner has filed the present application
praying for anticipatory bail.
Having
considered the above, prayer as sought for in this application for
extension of anticipatory bail is required to be granted.
In
the event of arrest of the applicant in connection with CR No. I 131
of 2005 registered with Sabarmati Police Station for the offences
punishable under Sections 365, 294[B], 506[1], 114, 193, 195, 196,
203, 211, 220, 327, 342, 344, 120B] of Indian Penal Code, Section
32B[B], 58, 59, 22, 8[c], 20[B] of NDPS Act as well as Section
25[1]BA and 29 of Arms Act, he shall be released on bail on 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 30th
June 2010 between 9.00 AM to 3.00 PM.
[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 them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish his 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 India 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;
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.
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 up before the competent Court, will be decided in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, without being influenced by
the fact that anticipatory bail was granted.
Rule
is made absolute.
Direct
Service is permitted.
[H.B.
Antani, J.]
mathew
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