Gujarat High Court Case Information System
Print
CR.MA/6458/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6458 of 2008
=========================================================
KANO
@ RAJMAHENDRASINH GAMBHIRSINH ZALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
YATIN SONI for Applicant(s) : 1,MS
MARIYA M DALAL for Applicant(s) : 1,
MR
KT DAVE, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 02/06/2008
ORAL
ORDER
1. Rule.
Learned APP, Mr.K.T.Dave 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 FIR being CR No.I-169 of 2008 registered
with Gandhigram Police Station, Rajkot for the offences punishable
under Sections 323, 504, 506(2), 307, 188, 114, 143 and 147 of IPC.
3. Heard
learned counsel for the parties. Learned counsel for the parties do
not press for reasoned order.
4. Having
heard the learned counsel for the parties, perusing the record and
considering the facts of the case, I am inclined to grant
anticipatory bail to the applicant.
5. In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to CR No.I-169
of 2008 registered with Gandhigram Police Station, Rajkot, the
applicant shall be released on bail on furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount
on following conditions that He:-
(a) Shall
cooperate with the investigation and make himself available for
interrogation whenever required;
(b) shall
remain present before the Investigating Officer of the concerned
Police Station on every fifth day of every month and applicant shall
mark his presence before the I.O. sharp at 11.00 a.m.
(c) 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;
(d) 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 or till further
orders;
(e) 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;
(f) 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;
(g) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
(h) 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.
6. With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED,
J.)
ashish//
Top