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CR.MA/5554/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No.5554 of 2010
===================================================
SAGARBHAI
INDRAVADANBHAI @ BODABHAI PATEL-Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
===================================================
Appearance
:
MR BB NAIK, SR. COUNSEL, with MR SUDHANSHU S PATEL for
Applicant(s) : 1,
MR
RC KODEKAR, ADL.PUBLIC PROSECUTOR for
Respondent
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 08/06/2010
ORAL
ORDER
RULE.
Mr.R.C.Kodekar, learned APP waives service of rule on behalf of the
respondent-State.
Heard
learned advocate for the applicant and learned Additional Public
Prosecutor for the respondent-State.
It
is stated by the learned Senior Advocate Mr.Naik that the applicant
is sought to be arrested on the basis of statement of co-accused.
This statement goes uncontroverted.
Considering
the above aspect, the application deserves to be allowed and the
same is allowed. In the event of arrest of the applicant in
connection with C.R. No.I 65 of 2008 of Santalpur Police Station,
Dist. Patan he shall be released on bail in respect of the offence
alleged against him in the application, on his executing a bond of
Rs.10,000/- (Rupees ten thousand only) with one surety of the like
amount, by the concerned Police Officer, and on conditions that he
shall:
not take
undue advantage of his liberty or abuse his liberty;
remain
present before the Trial Court as and when directed on the dates
fixed;
make
himself available for interrogation by a Police Officer, whenever
and wherever required;
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;
not
obstruct or hamper the police investigation or tamper with the
evidence or influence the witnesses;
at the
time of execution of bond, furnish his address to the Investigating
Officer and to the Court concerned and shall not change his
residence till the final disposal of the case or till further
orders;
not
leave India without the prior permission of the Court; AND
deposit
Passport, if any, with the Trial Court within a week.
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 decide it on merits.
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 petition for being enlarged on bail, in
usual course, and when it comes before the competent Court, it 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.
RULE
is made absolute to the aforesaid extent. Direct Service is
permitted.
Sd/-
[
A.L.DAVE, J]
***
Bhavesh*
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