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CR.MA/8297/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8297 of 2010
=====================================================
MAHENDRABHAI
DEVISINH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance :
MR
YATIN OZA WITH MR JB PARDIWALA for Applicant(s) : 1,
MR HL JANI
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) : 1,
R NITIN T
GANDHI for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 02/08/2010
ORAL
ORDER
In
the facts and circumstances of the case and by consent of both the
sides, this matter is taken up for hearing today.
This
is an application for anticipatory bail under Section 438 of the Code
of Criminal Procedure in connection with the FIR bearing CR No. I 39
of 2010 registered with Patadi Police Station for the offences
punishable under Sections 465, 466, 467, 468, 471, 365, 344, 120-B
and 114 of the IPC.
Mr.
Yatin Oza, learned advocate with Mr. Pardiwala for the applicant
submitted that on perusal of the FIR at Annexure-A to the
application, the applicant has not played active role in the
commission of the offences and is an innocent, wrongly arraigned in
the offences. The applicant is a bonafide purchaser and coming from
reputed family and there is no role attributed to the applicant in
the FIR. The applicant is also aged about 62 years and therefore, it
is a fit case to release the present applicant on anticipatory bail.
Mr.
H.L. Jani, learned Additional Public Prosecutor representing the
State submitted that considering the role attributed to the applicant
which is reflected in the FIR at Annexure-A to the applicant and the
nature of offences in which the applicant is involved as well as the
manner in which the offences are committed by the applicant, the
petition deserves to be rejected.
Having
considered the rival submissions and on perusal of the FIR at
Annexure-A to the applicant, the applicant is booked for the offences
punishable under Sections 465, 466, 467, 468, 471, 365, 344, 120-B
and 114 of the IPC and it is established from the record that the
applicant is a bonafide purchaser. In view of the above facts and
circumstances of the case and without entering into merits of the
case, I am inclined to exercise my discretion in favour of the
applicant.
In
the event of arrest of the applicant in connection with CR No. I 39
of 2010 registered with Patadi Police Station for the offences
punishable under Sections 465, 466, 467, 468, 471, 365, 344, 120-B
and 114 of the IPC, he shall be released on bail on executing a bond
of Rs.5,000/- [Rupees Five thousand only] with one surety of the like
amount on the following conditions that he shall:
[a] co-operate
with the investigation and make himself available for interrogation
whenever and wherever required.
[b] shall
remain present at the concerned Police Station on 6.8.2010 between
11.00 AM to 12.00 PM.
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish his residential 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] not
leave India without the permission of the Court and, if holding a
passport, he shall surrender the same before the Trial Court within a
week;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
It
would be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
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 his arrest.
Thereafter, it will be open to the applicant to make a fresh
application for being enlarged on bail in usual course, when it comes
up before the competent Court, will be decided in accordance with
law, having regard to all the attending circumstances and the
materials available at the relevant time, without being influenced by
the fact that anticipatory bail was granted.
With
these directions, this application is allowed. Rule is made
absolute. Direct Service is permitted.
(Z.K.SAIYED,J.)
ynvyas
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