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CR.MA/11010/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11010 of 2010
=========================================
MAHENDRASINH
FATEHSINH RANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ARPIT A
KAPADIA for
Applicant(s) : 1,
Ms MINI NAIR, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 17/09/2010
ORAL
ORDER
Rule.
Learned APP Ms. Mini Nair waives service of rule for the
respondent-State.
2. The present application has been
filed for grant of anticipatory bail under sec. 438 of the Code of
Criminal Procedure in connection with C.R. No. I-57/2010 registered
with Savli Police Station, Vadodara, for the alleged offences under
sec. 307, 143, 147, 148, 149, 323, 337, 120B of IPC and sec.
25(1)(D), 27 of the Arms Act and sec. 135 of the Bombay Police Act.
3. Learned advocate Mr. Kapadia
referred to the FIR and submitted that he is not named in the FIR and
the other co-accused has been granted anticipatory bail as per the
order passed in Criminal Misc. Application No. 9454 of 2010 dated
23.8.2010. He further submitted that the applicant is only a
government contractor and therefore considering the facts and
circumstances, the present application may be allowed.
4. Learned APP Ms. Nair resisted
the application.
5. Having heard learned advocate
Mr. Kapadia and learned APP Ms. Nair and having considered the nature
of offence, the manner in which it is alleged to have been committed,
the role attributed as well as the guidelines with regard to exercise
of discretion under sec. 438 of Cr.P.C., the present application
deserves to be allowed.
6. The application is accordingly allowed. The applicant is ordered
to be released on bail in the event of his arrest in connection with
C.R. No. I-57/2010 registered with Savli Police Station, Vadodara, in
respect of the offence alleged against him on his executing a
personal bond of Rs. 5,000/- (Rupees Five Thousand only) each with
one solvent surety for the like amount and on further 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 21.9.2010
between 11.00 am and 2.00 pm.
(c ) make himself available for interrogation by the police officer
whenever and wherever required.
(d) 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;
(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 executing the bond, furnish his address to the
I.O. and the courts concerned, and shall not change his residence
till the final disposal of the case or till further orders;
(g) not to leave India without the permission of the court and if
having a passport, shall deposit the same before the trial court
within a week;
7. It would be open to the I.O. to file an application for remand if
he considers it proper and just and the learned Magistrate would
decide it on merits.
8. 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 10 days from the date of his arrest
during which it will be open to the applicant to make a 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 act that
anticipatory bail was granted.
Rule is made absolute. D.S. permitted.
(Rajesh H. Shukla, J.)
(hn)
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