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CR.MA/5547/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5547 of 2010
=========================================
JAYRAJSINH
MADHUBHA GADHVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
BC DAVE for
Applicant(s) : 1,MR KUNAL B DAVE for Applicant(s) : 1,
MS ML SHAH,
APP for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 07/06/2010
ORAL
ORDER
RULE.
Ms ML Shah, learned APP waives service of Rule on behalf of the
State.
2. Following
aspects are considered.
(i) The
main attribution against the applicant is that of being present in
the recruitment campaign.
(ii) The
applicant is a Government servant.
3. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. In the event of arrest of the applicant in
connection with CR No. I 37 of 2010 of Kheda Town Police Station,
he shall be released on bail in respect of the offence alleged
against him in the application, on his executing a bond of Rs.5,000/-
(Rupees five thousand only) with one surety of the like amount, by
the concerned Police Officer, and on conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty;
(b) remain
present before the Trial Court as and when directed on the dates
fixed;
(c) make
himself 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 his address to the
Investigating Officer and to the Court concerned and shall not change
his 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.
4. 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.
5. 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
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.
6. Rule
is made absolute to the aforesaid extent.
7. Direct
Service is permitted.
(A.L.
Dave, J.)
mrpandya
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