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CR.MA/350/2011 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 350 of 2011
=========================================
MUNNABHAI
IBRAHIMBHAI CHANDANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
NIRAJ V ASHAR for Applicant(s) : 1,MR.S M KAPADIA for Applicant(s) :
1,
MR DC SEJPAL, ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 18/01/2011
ORAL
ORDER
Rule.
Learned APP Mr.D.C. Sejpal, waives service of rule on behalf of
respondent-State.
Counsel
for the applicant submitted that even as per the complaint only
allegation against the applicant is that he has acted as a middleman
for the sale of JCB machine with respect to which accused has made
allegations primarily against the owners and sellers thereof. He
further submitted that co-accused has been granted anticipatory bail
by this Court by order dated 2.8.2010.
Considering
the above aspects of the matter it is directed that the applicant
shall be released on bail in the event of the arrest of the applicant
in connection with C.R. No.I-139/2009 registered with Katargam Police
Station, Surat City, he shall be released on bail upon his furnishing
a bond of Rs. 10,000/-(Rupees Ten Thousand) with one surety of like
amount to the satisfaction of the lower Court and subject to the
following conditions that he :
[A] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[B] shall
remain present at Katargam Police Station, Surat City 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 applicant is 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 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.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
sudhir
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