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CR.MA/117/2011 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 117 of 2011
=========================================
MULJIBHAI
JAGABHAI GUJARATI & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
NISHANT LALAKIYA for
Applicant(s) : 1 - 5.
MR DC SEJPAL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 18/01/2011
ORAL
ORDER
Counsel
for the applicants submitted that for the alleged offence committed
in November, 1989, complaint has been lodged in July, 2010. The
accused have no criminal antecedents. Even the allegations in the
complaint do not inspire confidence.
Considering
the above prima facie aspects of the matter, it is ordered that in
the event of arrest of the applicants in connection with M.Case No.1
of 2010 registered with Bhesan Police Station, they shall be released
on bail upon their furnishing a bond of Rs. 10,000/-(Rupees Ten
Thousand) each with one surety of like amount to the satisfaction of
the lower Court and subject to the following conditions that they :
[A] shall
cooperate with the investigation and make themselves available for
interrogation whenever required.
[B] shall
remain present at Bhesan Police Station on 21.1.2011 between 11:00
am to 2:00 pm:
[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 from 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 or till further orders;
[E] will not
leave India without the permission of the Court and, if is holding a
Passport, shall surrender the same before the trial Court immediately
[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 applicants are arrested at any time within a
period of 90 days from today .
[H] Within a
period of ten days from the date of arrest, the applicants 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.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
sudhir
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