Gujarat High Court Case Information System
Print
CR.MA/10003/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10003 of 2008
=====================================================
PALAK
RAMESHBHAI PATEL - Applicant
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR RAJESH KANANI for the
Applicant.
MS MANISHA L. SHAH, ADDITIONAL PUBLIC PROSECUTOR for
the Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. M. 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
application is filed under Section 438 of the Code of Criminal
Procedure seeking transit bail of the petitioner in connection with
C.R. bearing No. I-408 of 2008 filed at Mahakal Police Station,
District:- Ujjain, State of Madhya Pradesh for the offences
punishable under Sections 420, 467, 468, 471 and 120B of the Indian
Penal Code as well as Sections 18 and 19 of the Transplantation of
Human Organs Act, 1994.
3. Learned
Advocate Mr. Rajesh Kanani for the petitioner submitted that the
petitioner apprehends his arrest in connection with the aforesaid
offences. In view of the above, the prayer, as set out in the
petition, to grant transit bail be granted. The learned Advocate for
the petitioner has placed reliance on the following judgments in
support of the contentions raised at the Bar:-
(i) Harshadbhai
Manubhai Patel & Others Vs State of Gujarat vide Criminal
Miscellaneous Application No. 5063 of 1998; and
(ii)
Pankaj Mangal Vs. State of Gujarat vide Criminal Miscellaneous
Application No. 13686 of 2007.
4. In
view of the above, the petition is required to be allowed without
going into the merits of the case at this stage.
5. For
the foregoing reasons, the petition is allowed. Anticipatory bail
under Section 438 of the Code of Criminal Procedure is granted to the
petitioner for a period of three weeks from today in the event of
arrest of the petitioner in connection with C.R. bearing No. I-408 of
2008 filed at Mahakal Police Station, District:- Ujjain, State of
Madhya Pradesh for the offences punishable under Sections 420, 467,
468, 471 and 120B of the Indian Penal Code as well as Sections 18 and
19 of the Transplantation of Human Organs Act, 1994 on executing a
bond of Rs.5,000/-(Rupees Five Thousand only) with one surety of the
like amount, by the concerned police officer. During the period of
transit anticipatory bail, the petitioner shall:-
[a] remain
present before the Court as and when directed on the dates fixed;
[b] make
himself available for interrogation by a Police Officer, whenever and
wherever required;
[c] not
directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade him /
her from disclosing such facts to the Court or to any police officer;
[d] not
to obstruct or hamper the police investigation and not to play
mischief with the evidence collected or yet to be collected by the
police;
[e] at
the time of execution of bond, furnish the address to the
Investigating Officer and the Court, and shall not change the
residence till the final disposal of the case or till further orders.
6. 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.
7. Rule
is made absolute. Direct Service today is permitted. Copy of the
order is permitted to be served directly to: (i) The Police
Inspector, Mahakal Police Station, District:- Ujjain, State of Madhya
Pradesh, and (ii) State of Madhya Pradesh through the Police
Inspector, Mahakal Police Station, District:- Ujjain, State of Madhya
Pradesh.
[H.
B. ANTANI, J.]
/shamnath
Top