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CR.MA/11109/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11109 of 2010
=============================================
JAYANTIBHAI
MAHADEVBHAI THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR ABHAYKUMAR P SHAH for
Applicant(s) : 1,
MR KARTIK PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR BS KHATANA for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/11/2010
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent – State.
2. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-89/2010 with Thara Police Station, District: Banaskantha, for
the offences punishable under Sections 366, 504, 506(2) and 114 etc.
of the Indian Penal Code.
3. Learned
counsel for the applicant submits that the applicant is Uncle of the
accused No.1 [Yogeshbhai Waghjibhai Thakkar] and allegations are to
the extent that the applicant had abused the complainant and
threatened him with dire consequences. It is further submitted that
accused No.1 and daughter of the complainant had entered into
matrimonial relationship and certificate to that extent issued by
Arya Samaj Mumbai dated 25.7.2010 is produced on record.
Considering the above, the applicant may be granted anticipatory
bail.
4. Heard
Learned APP for the respondent – State.
5. Having
heard learned counsel for the parties and perusing the record of the
case and considering the above facts, I am inclined to grant
anticipatory bail to the applicant.
5.1. It
is further stated that, by an order dated 14.10.2010 further
investigation to the FIR is stayed by this Court. In case, if the
stay granted in the Criminal Misc. Application No.12358 of 2010 is
vacated or modified or confirmed, I.O. shall take action in
accordance with law and if the applicant is called, he may report to
the investigating officer if required.
6. Learned
counsel for the parties do not press for further reasoned order.
7. In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being CR
No.I-89/2010 with Thara Police Station, District: Banaskantha, the
applicant 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
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 an application
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 applicant is 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.
8. With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
//smita//
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