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CR.MA/2402/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2402 of 2011
=========================================================
MAQBOOL
GULAMMIYA MALEK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MM TIRMIZI for
Applicant(s) : 1,
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No.I-45 of 2010 with Adajan Police Station, Surat for the
offences punishable under Sections 143, 465, 467, 468, 471, 474, 447
and 120(B) etc. of the Indian Penal Code.
Mr.
M. M. Tirmizi, learned counsel appearing for the applicant submits
that the allegations levelled against the applicant are as offences
alleged to have been registered against him, but ultimately, it
appears that the applicant had entered into an understanding by
signing MOU in front of notary. It is further submitted that the
property in question for which the dispute has arisen, proceedings
before the Revenue Authorities are pending. The applicant has not
gained anything and signed of MOU for development of land in
question, cannot be made a basis for initiation of criminal
machinery into motion. Besides, the applicant is permanent resident
of Surat and is likely to available during investigation as well as
there is no likelihood to run away from court of justice.
Mr.
A.J. Desai, learned APP for the respondent State opposed grant
of bail and submits that the applicant may not be enlarged on bail.
Having
heard learned counsel for the parties and perusing the record of the
case and considering the facts that the role attributed to the
applicant and agreement entered into and signed by the applicant, I
am inclined to grant anticipatory bail to the applicant.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being
C.R. No.I-45 of 2010 with Adajan Police Station, Surat 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 :-
(a) shall
cooperate with the investigation and make available for whenever
required;
(b) shall
remain present at the concerned Police Station on 5th
March, 2011 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 till further
orders;
(e) will
not leave India without the permission of the Court and, if is
holding 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.
With
these directions, this Criminal Miscellaneous Application is
disposed of. Rule is made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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