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CR.MA/11021/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11021 of 2005
==========================================
ISMAIL
FAKIRBHAI SHAIKH & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==========================================
Appearance
:
MR
JB PARDIWALA for
Applicant(s) : 1 - 4.
MR IM PANDYA APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 26/09/2005
ORAL
ORDER
:
1. Rule.
Heard learned advocate for the applicants and the learned A.P.P.
for the respondent ? State.
2. This
is an application u/s 438 of the Code of Criminal Procedure, 1973 for
releasing the applicants on anticipatory bail in connection with the
offence registered as CR No. I ? 182 2005 at Valsad Police Station
for the offence punishable u/s 406, 420, 506(2) read with Section 114
of the I.P. Code.
3. Learned
advocate for the applicants and learned A.P.P. do not press for
reasoned order.
4. Considering
the submissions of the parties and in
the facts and circumstances of the case and in view of the fact that
the applicants are relatives of accused No. 9 Vahid Ismail Shekh and
also in view of the fact that no incrimiating evidence is found out
during the investigation made so far, the applicants are required to
be protected and released on temporray bail u/s 438 of the Code of
Criminal Procedure Code,
5. In
the event of the arrest of the applicants in connection with Crime
Register No. I – 182 of 2005 of Valsad Police Station, they shall be
released on anticipatory bail in respect of the offence/s alleged
against them in this application on executing a bond of Rs.5,000/-
(Rupees Five Thousand only) each with one surety of the like
amount, by the Police Officer and on conditions that the applicants
shall :
(a) remain
present at Valsad Police Station on 30-9-2005 between 9-00 a.m. to
2-00 p.m.;
(b) make
themselves available for interrogation by
a police officer, whenever and wherever required;
(c) not
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) not
to obstruct or hamper the police investigation and not to play
mischief with the evidence collected or yet to be collected by the
police;
(e) at
the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not change
their residence till the final disposal of the case or till
further orders;
(f) not
leave India without the permission of the Court and, if having
passport, shall deposit the same before the trial Court within a
week.
6. 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.
7. This
order shall 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 10 (ten) days from the date of their
arrest. Thereafter, it will be open to the applicants to make a fresh
application for being enlarged on bail in usual course which when
it comes before the competent Court, 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.
8. Rule
is made absolute. Direct Service is permitted.
(Bankim N. Mehta,
J.)
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