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CR.MA/13700/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13700 of 2011
=========================================================
NILESHBHAI
JAYANTIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRS
MUMTAZ SAIYED for
Applicant(s) : 1,MRNASIRSAIYED for Applicant(s) : 1,
MR KL PANDYA,
APP for Respondent(s) : 1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/09/2011
ORAL
ORDER
1. Rule.
Mr. K. L. Pandya, learned APP waives service of Rule on behalf of
the respondent-State. Learned advocate Mr.Shakil Qureshi is
permitted to file vakalatnama for complainant.
2. This
Application is filed by the applicant under Section-438 Cr. P.C. in
connection with CR No. I-131 of
2011 registered with Karelibaug Police Station, Vadodara City
for the offences punishable under Sections 465, 467, 468, 471 and
120-B of the Indian Penal Code.
3. Learned
advocate appearing for applicant has contended that present applicant
is husband of complainant. He has contended that from the papers, it
is established that dispute is regarding property and said property
is purchased by him and only due to question of sell of it, present
complaint is filed by wife of applicant. The applicant is not
involved in the present case. There is no prima facie evidence to
club the present applicant in the offence alleged against him.
Learned advocate has also contended that the documents are in custody
of police.
4. Learned
APP has vehemently opposed this application. He has read the FIR and
contended that from the documentary evidence, it is established that
the applicant is involved in the offenece alleged and therefore, bail
may not be granted to the applicant. Learned counsel Mr. Shakil
Qureshi also opposed this application by supporting the contentions
of learned APP.
5. Heard
learned Counsel for the parties and perused the record produced
before the Court in detail. Learned Counsel for the parties do not
press for reasoned order. It appears that the dispute is between the
husband and wife. Even from the perusal of papers, it appears that
the dispute is of civil nature and civil case is pending before civil
court. Therefore, considering the facts of the case, I am inclined
to grant anticipatory bail to the applicant.
6. In
the result, this application is allowed by directing that in the
event of the applicant herein
being arrested pursuant CR No.I-131 of 2011, registered
with Karelibaug Police Station, Vadodara City, the applicant shall be
released on Bail on his furnishing a Bond of Rs.10,000/- (Rupees ten
thousand only) with one surety of like amount on condition that –
a) he
shall co-operate with the investigation and make himself available
whenever required;
b) he
shall remain present before the Investigating Officer, Karelibaug
Police Station, Vadodara, on 30th
September, 2011 at 11.00 am.
c) he
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 for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, he shall furnish his address to the
I.O. and the Court concerned and shall not change the residence till
the final disposal of the case or till further orders;
e) that
he will not leave India without the permission of the Court and, if
is holding a Passport, surrender the same before the trial Court
immediately;
f) It
would be open to the Investigating Officer to file an application
for remand, if 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;
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.
7. Learned
advocate for the applicant assured that applicant will appear before
concerned police station as per direction of this Court.
8. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,
J.)
(ila)
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