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CR.MA/3137/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3137 of 2010
=========================================================
PRABHATBHAI
ARJANBHAI BORICHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
MR UMESH TRIVEDI Ld. APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 23/07/2010
ORAL
ORDER
1. Rule.
Mr. Trivedi, ld. A.P.P. waives the service of rule.
2. This application is filed by the applicant under section 438 of the Code of Criminal Procedure in connection with CR No. I-42/2010 registered before Thorala Police Station, Rajkot for the offence punishable under section 406, 420, 467, 468, 471, 472 and 120-B of IPC.
3. Heard learned counsel for the parties. Learned counsel for the parties do not press for reasoned order.
4. Mr. PM Thakkar learned Senior Counsel appearing for the applicant has submitted that from the contents of the power of attorney, no case is made out against the present applicant and, therefore, present may be released on anticipatory bail.
5. As against this, Mr. Umesh Trivedi learned APP has contended that the original complainant is an illiterate person and he has made his thumb impression on the power of attorney without any consideration and, therefore, this application is required to be dismissed.
6. Having heard the learned counsel for the parties and perusing the record and considering the facts of the case, I am inclined to grant anticipatory bail to the applicant.
7. In the result, this application is allowed by directing that in the event of the arrest of the applicant in CR No. I-42/2010 registered with Thoralal Police Station, Rajkot the applicant shall be released on bail on his furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with one surety of the like amount on conditions that:
(a) remain present before the trial court regularly as and when directed on the dates fixed;
(b) remain present at Thorala Police Station, Rajkot, on 26.7.2010 between 11.00 a.m. to 5.00 p.m.
(c) make himself available for interrogation by police officer, whenever and wherever required;
(d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(e) 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;
(f) at the time of execution of bond, furnish the address to the Investigating Officer and the Courts concerned, and shall not change his residence till the final disposal of the case or till further orders;
(g) not leave INDIA without the permission of the Court and if having Passport, shall deposit the same before the trial court within a week;
(h) It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decided it on merits.
8. This order will hold good if the applicant 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 applicant to make a fresh application for being enlarged on bail in usual course which when it comes before the competent Court, will be disposed of in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time uninfluenced by the fact that ANTICIPATORY BAIL was granted.
9. Rule is made absolute. Direct service is permitted.
[ Z.K. SAIYED, J.]
mandora/
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