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CR.MA/7153/2008 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7153 of 2008
=========================================================
KANUBHAI
JAYANTIBHAI PATEL - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
MAYANK P VORA for
Applicant(s) : 1,
MR
MAULIK NANAVATI, ADDL.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/06/2008
ORAL
ORDER
1. Rule.
Learned APP, Mr. Maulik Nanavati, 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- 78/2008 with Dabhoda Police Station for the offences
punishable under Sections 147, 148, 149, 504, 506(2), 307, of Indian
Penal Code, Section 25(1) of Arms Act and Sec.135 of B.P. Act..
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 and 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-
78/2008 with Dabhoda Police Station, 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 that :-
(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 11.06.2008 at any time between 11.00am to
2.00pm;
(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 accordingly. Direct Service is permitted.
[Z.K.
SAIYED, J.]
binoy*
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