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CR.MA/5769/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5769 of 2010
=========================================================
HIRABHAI
AEBHABHAI VADHER & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 3.
MS ML SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 07/06/2010
ORAL
ORDER
1. Rule.
Learned A.P.P. Ms.M.L. Shah waives service of notice of Rule on
behalf of the respondent-State.
2. Following
aspects are considered:-
(i) The
complaint is made after long lapse of time.
(ii) The
offence would be at the best on the
basis of the contemporary documentary evidence.
(iii)The
applicants have no criminal antecedents.
3. Considering
the above aspects, the application deserves to be allowed.
4. The
application is allowed. In the event of arrest of the applicants in
connection with C.R.No.I-26 of 2010 registered with Sutrapada Police
Station, Junagadh, they shall be released on bail in respect of the
offences alleged against them in the application, on their executing
a bond of Rs.5000/- each (Rupees five thousand only) with one surety
each of the like amount, by the concerned Police Officer, and on
conditions that they shall,
(a) not take undue
advantage of their liberty or abuse their liberty;
(b) remain present
before the Trial Court as and when directed on the dates fixed;
(c) make themselves
available for interrogation by a 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 obstruct or
hamper the police investigation or tamper with the evidence or
influence the witnesses;
(f) at the time of
execution of bond, furnish their address to the Investigating Officer
and to the Court concerned and shall not change their residence till
the final disposal of the case or till further orders;
(g) not leave India with
the prior permission of the Court; and
(h) deposit Passport, if
any, with the Trial Court within a week.
5. It would be open to
the Investigating Officer to file an application for remand, if he
considers it proper and just, and the learned Magistrate would decide
it on merits.
6. This order will hold
good, if the applicants are 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 their arrest.
Thereafter, it will be open to the applicants to make a fresh
petition for being enlarged on bail, in usual course, and when it
comes before the competent Court, it 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.
7. Rule is made
absolute.
8. Direct
Service is permitted.
(A.L.
DAVE, J.)
Hitesh
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