Gujarat High Court Case Information System
Print
CR.MA/8949/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8949 of 2008
=====================================================
NIZAMBHAI
AMUBHAI SIPAI - Applicant
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR MEHUL H RATHOD for the
Applicant.
MS ML SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Manisha L. Shah waives
service of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application filed under Section 438 of the Code of Criminal
Procedure seeking anticipatory bail in connection with C. R. bearing
No. I-46 of 2008 dated 30-05-2008 registered with the Bavlu Police
Station, District:- Mehsana for the offences punishable under Section
325, 324 and 114 of the Indian Penal Code and Section 135 of the
Bombay Police Act.
3. Learned
Advocate Mr. Mehul Rathod for the applicant submitted that
considering the role played by the applicant which is reflected in
the FIR which is produced at Annexure-A, it is a fit case to release
the applicant on anticipatory bail. The applicant would abide by the
terms and conditions which the Hon’ble Court may impose on him.
4. As
against the aforesaid submission, learned Additional Public
Prosecutor Ms. Manisha L. Shah submitted that considering the FIR at
Annexure-A, the role attributed to the applicant, it becomes clear
that it is not a fit case to enlarge the applicant on anticipatory
bail.
5. Having
heard the learned Counsel of both the sides and on perusal of the
averments made in the application as well as the FIR at Annexure-A,
the applicant is involved in Sections 325, 324 and 114 of the Indian
Penal Code and Section 135 of the Bombay Police Act. The nature of
the involvement of the applicant is considered by me.
6. In
view of the aforesaid facts and circumstances of the case, I am
inclined to use my discretion in favour of the applicant without
entering into the merits of the case at this stage.
7. For
the foregoing reasons, the application is allowed. In the event of
arrest of the petitioner in connection with C. R. bearing No. I-46 of
2008 dated 30-05-2008 registered with the Bavlu Police Station,
District:- Mehsana for the offences punishable under Sections 325,
324 and 114 of the Indian Penal Code and Section 135 of the Bombay
Police Act, he shall be released on bail on executing a bond of
Rs.10,000/- [Rupees Ten Thousand Only] with one surety of the like
amount on the following conditions that he shall:
[a] co-operate
with the investigation and make himself available for interrogation
whenever and wherever required;
[b] shall
remain present at the concerned Police Station on 23-07-2008 July
2008 between 9.00 AM to 3.00 PM;
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case 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 his residential 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] not
leave India without the permission of the Court and, if holding a
passport, he shall surrender the same before the trial Court within a
week; and,
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police.
8. It
would be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
would decide it on merits.
9. This
order will hold good, if the petitioner 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 petitioner to make a fresh
application for being enlarged on bail in usual course, which, when
it comes up before the competent Court, will be decided in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, without being influenced by
the fact that anticipatory bail was granted.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
Top