Gujarat High Court Case Information System
Print
CR.MA/15192/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15192 of 2010
=================================================
JAT
GOMAJI BHERAJI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
VIRAT G POPAT for Applicant(s) : 1 - 3.MR BHASKAR R DAVE for
Applicant(s) : 1 - 3.
MR KARTIK PANDYA APP for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
Rule.
Learned APP waives service of notice of Rule for respondent – State.
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 68/2010 with Aagthala Police Station, Banaskantha for the
offences punishable under Sections 326, 323, 504, 506(2), 307 &
114 of the Indian Penal Code and Section 135 of the Bombay Police
Act.
Learned
counsel for the applicants submits that in a dispute of civil nature
where Regular Civil Suit No.118 of 23010 was filed and pursuant to
that application for appointment of the Court Commissioner was also
submitted. Even, apprehending the likelihood of disturbance of piece
and law and order, the Executive Magistrate, Deesa had addressed a
communication to PSI, Aagthala Police Station, Deesa Taluka,
Sabarkantha, but no police protection was given. It is further
submitted that on service of notice, the other side entered into
disputed land on which a panchnama was drawn by the court
commissioner, which reveals possession of the applicants herein.
Even, considering the nature of injuries and dispute between the
parties, the applicant deserves to be granted anticipatory bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail
to the applicants.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicants herein being arrested pursuant to FIR being
CR No.I 68/2010 registered with Aagthala Police Station,
Banaskantha, the applicants shall be released on bail on furnishing
a bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of
like amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 31.12.1010 at
11.00 a.m.;
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 them for disclosing such facts to the Court or to any
Police Officer;
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 of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file application/s for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
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.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
*pvv
Top