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CR.MA/10915/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10915 of 2010
=========================================
RAMNIKBHAI
DUNGARSHIBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ASHISH M
DAGLI for
Applicant(s) : 1,
MR SHIVANG SHUKLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/09/2010
ORAL
ORDER
1. The present
application has been filed for grant of anticipatory bail under sec.
438 of the Code of Criminal Procedure in connection with C.R. No.
5/2010 registered with Jamnagar ACB Police Station, for the alleged
offences under sec. 409, 465, 467, 468, 471, 120B of IPC r/w sec. 12,
13(1)(c)(d) & 13(2) of the Prevention of Corruption Act.
2. Learned advocate Mr.
Dagli submitted that at the relevant time he was on duty only for
two days where he is said to have prepared the preliminary report.
He submitted that all other accused persons have been granted
anticipatory bail as per the order passed in Criminal Misc.
Application Nos. 6127 of 2010, 6037 of 2010, etc.
3. Learned APP Mr.
Shukla resisted the application.
4. Having heard learned
advocate Mr. Dagli and learned APP Mr. Shukla and considering the
nature of offence, the role attributed and also the fact that other
co-accused have been granted anticipatory bail, the court is of the
opinion that it is a fit case to exercise discretion under sec. 438
of CrPC in favour of the applicant and therefore the present
application deserves to be allowed.
5. The application is
accordingly allowed. The applicant is ordered to be released on bail
in the event of his arrest in connection with C.R. No. 5/2010
registered with Jamnagar ACB Police Station in respect of the offence
alleged against him on his executing a personal bond of Rs. 5,000/-
(Rupees Five Thousand only) each with one solvent surety for the like
amount and on further conditions that he shall :
(a) remain present
before the trial court regularly as and when directed on the dates
fixed;
(b) remain present at
the concerned Police Station on 28.9.2010 between 11.00 am and 2.00
pm.
(c ) make himself
available for interrogation by the police officer whenever and
wherever required.
(d) 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 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
executing the bond, furnish his address to the I.O. and the courts
concerned, and shall not change his residence till the final disposal
of the case or till further orders;
(g) not to leave India
without the permission of the court and if having a passport, shall
deposit the same before the trial court within a week;
7. It would be open to
the I.O. to file an application for remand if he considers it proper
and just and the learned Magistrate would decide 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 10 days from the date of his arrest during which 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 act that anticipatory bail
was granted.
Rule is made absolute.
D.S. permitted.
(Rajesh H. Shukla, J.)
(hn)
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