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CR.MA/11664/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11664 of
2010
=========================================================
KALPESHBHAI
AMBALAL PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ABHAYKUMAR P SHAH for
Applicant(s) : 1,
MS MANISHA SHAH APP for Respondent(s) : 1,
MR
RAJKUMAR CHAUMAL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
ORAL
ORDER
The
present application has been filed by applicant under section 438 of
the Code of Criminal Procedure, 1973 for the grant of anticipatory
bail in connection with I-C.R.No.150/2010 registered with Kalol
Taluka Police Station, Dist.Gandhinagar for the offences punishable
under sections 465, 467, 468, 471, 420, 406, 120B and 114 of Indian
Penal Code.
Learned
counsel, Mr.Abhaykumar P Shah for the applicant-accused referred to
the papers and submitted that in fact he is a victim as he is bona
fide purchaser for a value and
he is not aware about the earlier transaction. He submitted, on
instructions, that he is prepared to hand over the land back and
complainant has no objection.
Learned
Advocate Mr.Rajkumar Chaumal appears for complainant and confirms
that there is some understanding arrived at and there is no
objection.
Learned
Additional Public Prosecutor Ms.Manisha L Shah for respondent
State has referred to the nature of offence and submitted that it
transpires that applicant is bona fide purchaser
and when the dispute arose he has shown his willingness to give back
the land to the complainant.
Having
heard Mr.Abhaykumar Shah, learned advocate for applicant, Mr.Chaumal
learned advocate for complainant and Ms.Manisha Shah, learned APP
and having considered the nature of offence and other attending
circumstances as reflected hereinabove, present application deserves
to be allowed in light of guidelines/principles laid with regard to
exercise of discretion under section 438 of Cr.P.C.
Accordingly,
the present application is allowed. The applicant is ordered to be
released on bail in the event of his arrest in connection with
I-C.R.No.150/2010 registered with Kalol Taluka Police Station,
Dist.Gandhinagar in respect of the offence alleged against him on
his executing bond of Rs.5,000/- (Rupees Five thousand only) with
one solvent surety of the like amount, by her, by the concerned
Police Officer and on conditions that he shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 02.11.2010 between 11.00 a.m. and 4.00 p.m;
c) make himself available for interrogation by Police Officer between 11:00 a.m. to 05:00 p.m. – before sunset;
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 to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
f) at the time of execution of bond, furnish his address to the Investigating Officer and the Courts concerned, and shall not change his residence till the final disposal of the case or till further orders;
g) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
h) It
should 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.
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 her arrest,
during which it will be open to the applicant to make 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.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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