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CR.MA/13959/2008 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13959 of 2008
=========================================================
MOHAMMAD
IQBAL GANIBHAI MEGHAREJI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
Mr SP Hasurkar, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 23/10/2008
ORAL
ORDER
Heard
the learned Sr.Advocate, MR P M Thakkar for the applicants and
learned APP, Mr S P Hasurkar for the respondent-State.
RULE.
Learned APP waives service of Rule for the respondent-State.
1. The
present application has been filed by the petitioner under section
438 of the Criminal Procedure Code for seeking anticipatory bail
apprehending their arrest, in connection with the offence being CR
No.I-32/2008 for the offences punishable under section 409, 165, 467,
471 and 114 of IPC registered with Ranpur police station.
2. It
is submitted by the learned Sr. Advocate for the petitioner that the
present petitioner has not played any role in committing the offence
and he has been falsely involved. It is further submitted by him that
the co-accused have been released either on regular bail or on
temporary bail. Hence, on parity also, the present petitioner is
required to be granted anticipatory bail.
3. Taking
into consideration the allegations levelled against the present
petitioner and the fact that the co-accused have been released on
bail, this petition deserves to be allowed and it is hereby allowed.
4. In
the event of arrest of the applicant in connection with CR No.I-32 of
2008 of Ranpur police station, he shall be released on bail in
respect of the offences alleged against him in this application on
executing a personal bond of Rs.5,000/- (Rs. Five thousand only) with
one surety of the like amount, by the concerned police officer and on
condition that he shall –
(a) remain
present before the concerned police station on 3.11.2008 between 11
am and 5 pm.
(b) remain
present before the trial court regularly as and when directed on the
dates fixed;
[c] make
himself available for interrogation by a 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 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 execution of bond, furnish the residential address to
the I.O., and the court concerned and shall nota change his
residence till the final disposal of the case or till further
orders;
(g) not
leave India without the permission of the court and if having
passport, shall deposit the same before the trial court within a
week.
5. It
would be open to the I.O., to file an application for remand, if he
considers it proper and just, and the concerned Magistrate would
decide it on merits.
6. This
order will hold good if the applicant is arrested any time within 90
days from today. This 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 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 fact
that anticipatory bail was granted.
7. Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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