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CR.MA/6036/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6036 of 2010
=========================================================
MUDASSAR
NISAR SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 11/06/2010
ORAL
ORDER
Rule.
Ms ML Shah, learned APP waives service of Rule on behalf of the
State. Heard Mr SP Majmudar, learned advocate for the applicant and
Ms ML Shah, learned APP on behalf of the State.
2. Following
aspects are considered :-
(i) Co-accused persons
have been granted anticipatory bail.
(ii) The allegation
against the applicant is that of applicant having prepared an
incorrect bill as an employee of the co-accused.
3. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. In the event of arrest of the applicant in
connection with CR No. I 41 of 2010 of Walia Police Station,
District Bharuch, he shall be released on bail in respect of the
offence alleged against him in the application, on his executing a
bond of Rs.5,000/- (Rupees five thousand only) with one surety of the
like amount, by the concerned Police Officer, and on conditions that
he shall,
(a) not take undue
advantage of his liberty or abuse his liberty;
(b) remain present
before the Trial Court 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 fact of the case, so as to dissuade him from
disclosing such facts to the Court or to any Police Officer;
(e) not obstruct or
hamper the police investigation or tamper with the evidence or
influence the witnesses;
(f) at the time of
execution of bond, furnish his address to the Investigating Officer
and to the Court concerned and shall not change his residence till
the final disposal of the case or till further orders;
(g) not leave India
without the prior permission of the Court; and
(h) deposit Passport, if
any, with the Trial Court within a week.
4. It would be open to
the Investigating Officer to file an application for remand, if he
considers it proper and just, and the learned Magistrate would decide
it on merits.
5. 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 petition
for being enlarged on bail, in usual course, and when it comes
before the competent Court, it 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.
6. Rule is made
absolute.
7. Direct Service is
permitted.
(A.L.
Dave, J.)
mrpandya
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