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CR.MA/13477/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13477 of 2011
======================================
SAIYED
FARIDMIYA JILANIMIYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
AA ANSARI FOR MR IMTIYAJ M KURESHI for Applicant(s) : 1 - 2.
MS CM
SHAH ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 03/10/2011
ORAL
ORDER
In
the facts and circumstances of the case and by consent of both the
sides, this matter is taken up for hearing today.
2. This
is an application for anticipatory bail under Section 438 of the Code
of Criminal Procedure in connection with the FIR bearing C.R. I No.70
of 2011 registered with Kadi Police Station, for the offences
punishable under Sections 326, 323, 504, 506(2) and 114 of Indian
Penal Code and Section 135 of the Bombay Police Act.
3. Learned
advocate Mr. Ansari for the applicants submitted that the applicants
are the innocent persons and they have been wrongly arraigned in the
case of the prosecution. The applicants were not present at the place
of incident. The names of the applicants are falsely given by the
complainant. The accused No.1 and 2 have been released by the learned
Sessions Court. Therefore, the applicants may kindly be granted
anticipatory bail by imposing suitable conditions.
4. Ms.
Shah, learned Additional Public Prosecutor representing the State
submitted that from the bare reading of the complaint, prima facie,
it appears that the role is attributed on the part of the applicants.
Considering the nature of offences in which the applicants are
involved as well as the manner in which the offences are committed by
the applicants, the application deserves to be rejected.
5. Perused
the application along with papers and considered the submissions
advanced by the learned advocate of respective parties and provisions
of the offence alleged, gravity of the offence andfFrom the papers,
prima facie, it appears that there is no direct evidence links the
applicants in the commission of the offence and even at this stage of
anticipatory bail, this Court is not entering into merit of the case.
6. In
view of the above facts and circumstances of the case, I am inclined
to exercise discretion in favour of the applicants.
7. The
application is stands allowed. The applicants are granted
anticipatory bail in the event of his arrest in connection with CR
No. I – 70 of 2011 registered with Kadi Police Station for the
offences as alleged in FIR on their executing bond of Rs.10,000/-
each [Rupees Ten thousand only] with one surety of the like amount on
the following conditions that they shall:
[a] co-operate
with the investigation and make themselves available for
interrogation whenever and wherever he required.
[b] shall
remain present at the concerned Police Station on 5.10.2011
at 11.00 AM
[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 them 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, they shall surrender the same before the Trial Court within
a week;
[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. It
would be open for the Investigating Agency to apply to the competent
Magistrate for police remand of the applicant. The applicant shall
remain present before the learned Magistrate on the first date of
hearing on such application and on all subsequent occasion, as may be
directed by the learned Magistrate. This would be sufficient to treat
the accused in the judicial custody for the purpose of entertaining
application of the prosecution for police remand. This is, however,
without prejudice to the rights of the accused to seek stay against
an order of remand, if ultimately granted, and the power of the
learned Magistrate to consider such a request in accordance with law.
It is clarified that the applicant, even if remanded to the police
custody upon completion of such period of police remand, shall be set
free immediately, subject to other conditions of this anticipatory
bail order.
10. At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
11. The
applicant is permitted to obtain regular bail as per the established
provision of law, within suitable time.
Rule
made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
ynvyas
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