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CR.MA/5519/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5519 of 2011
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NAVIN
KALIDAS OZA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
DP KINARIWALA for Applicant(s) : 1,
MR JK SHAH APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/04/2011
ORAL
ORDER
Learned
counsel for the applicant submits that co-accused is granted
anticipatory bail and the applicant is also facing similar
allegations and so far as allegation with regard to overpayment made
to some of the parties is concerned, the said amount is already
repaid by them. It is further submitted that the applicant has
roots in the society, will not flee from justice and will cooperate
with the investigation as and when called for. It is further
submitted that the record is in the custody of the Investigating
Officer and by imposing suitable conditions, the applicant may be
granted anticipatory bail.
Heard
Learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail
to the applicant. This Court has also taken into consideration
the law laid down by the Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in
[2011]1 SCC 694, wherein the Apex Court reiterated the law
laid down by the Constitutional Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
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
CR No.I-6/2010 with Tharad Police Station for the offences
punishable under sections 120(B), 465, 465, 467, 468, 471, 406, 408,
409 & 420 of the Indian Penal Code, the applicant shall be
released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of like amount on following
conditions :-
[a] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[b] shall
remain present at concerned Police Station on 2nd May,
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] shall 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] despite
this order, it would be open for the Investigating Agency to apply to
the competent Magistrate, for police remand of the applicant. The
applicant shall remain present before the learned Magistrate on the
first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the applicant,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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