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CR.MA/5865/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5865 of 2010
=========================================
KADARBHAI
HAKIMBHAI SAIYED & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
BS PATEL for
Applicant(s) : 1 - 3.
MR RC KODEKAR, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 09/06/2010
ORAL
ORDER
1. RULE.
Mr.R.C.Kodekar, learned Additional Public Prosecutor, waives service
of Rule on behalf of the respondent State.
2. Heard
learned Advocate for the applicants and learned Additional Public
Prosecutor for the respondent State.
3. Following
aspects are considered:-
Marriage
span is more than 16 years.
The
applicants are staying separately.
The
FIR is lodged after 4 days.
Considering
the above, the application deserves to be allowed and the same is
allowed.
4. The
application is allowed. In the event of arrest of the applicants in
connection with I CR No.96 of 2010 registered with Aslali Police
Station, they shall be released on bail in respect of the offences
alleged against them in the FIR, on their executing a bond of
Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of the
like amount, by the concerned Police Officer and on conditions that
he shall,
not
take undue advantage of their liberty or abuse their liberty;
remain
present before the trial Court as and when directed on the dates
fixed;
make
themselves available for interrogation by a police officer, whenever
and wherever required;
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;
not
obstruct or hamper the police investigation or temper with the
evidence or influence the witnesses;
at
the time of execution of bond, furnish their address to the
Investigating Officer and to the Court concerned and shall not
change their address till the final disposal of the case or till
further orders;
not
leave India without the prior permission of the Court;
deposit
passport, if any, with the trial Court within a week.
5. It
would be open for 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 for the applicant to make a
fresh application 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.
Direct
service is permitted.
(A.L.Dave,
J.)
*Shitole
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