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CR.MA/4532/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4532 of
2010
======================================
SANTOSH
RAMAVTAR YADAV & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR SIKANDAR SAIYED FOR MR
H.S.MULIA for Applicants
MR DG VYAS APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/05/2010
ORAL
ORDER
This
is an application preferred under section 438 of the Code of
Criminal Procedure, 1973 by the applicants seeking anticipatory bail
as the applicants are apprehending their arrest in connection with
III-C.R.No.5043 of 2010 registered at West Railway Police Station,
Vadodara for the offences punishable under sections 66B, 65(a)(e),
116(2) and 81 of Bombay Prohibition Act.
Considering
the rival submissions and on perusal of the police papers and the
role attributed to the applicants, no overt act is committed by the
applicants. Hence, prayer as set out in the application deserves to
be granted the applicants deserve to be granted anticipatory bail.
For
the foregoing reasons, the application is allowed and in the event
of arrest of the applicants in connection with III-C.R.No.5043 of
2010 registered at West Railway Police Station, Vadodara, the
applicants are ordered to be released on bail on executing a bond of
Rs.10,000/- (Rupees Ten Thousand Only) each with one surety each 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 required;
[b]
shall remain present at the concerned Police Station on 13.05.2010
between 9.00 AM and 3.00 PM.;
[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 their 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;
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.
This
order will hold good, if the petitioners are 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 their
arrest. Thereafter, it will be open to the petitioners to make a
fresh application for being enlarged on bail in usual course, which,
when it comes up before the competent Court, will be decided in
accordance with law, having regard to all the attending
circumstances and the materials available at the relevant time,
without being influenced by the fact that anticipatory bail was
granted.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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