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CR.MA/8782/2006 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8782 of 2006
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SIKANDARBHAI
GULAM RASULBHAI SANDHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1 - 2.
MR HL
JANI, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKSHAY H.MEHTA
Date
: 18/08/2006
ORAL
ORDER
1. Leave
to amend.
2. Mr.A.M.Dagli,
ld. Advocate for the applicant seeks permission to withdraw this
application in respect of applicant No.1-Shikandarbhai Gulam
Rasulbhai Sandhi. Permission is granted. The application stands
rejected as withdrawn qua applicant No.1.
3. Rule.
Mr.H.L.Jani, learned Additional Public Prosecutor waives service of
rule on behalf of State.
4. So
far applicant No.2 is concerned, he has filed this application along
with applicant No.1 under Section 438 of the Code of Criminal
Procedure to seek protection against his impending arrest in
connection with offence registered at CR No.I-41 of 2006 with
Dhrangadhra City Police Station. The allegation is that on the date
of incident, the present applicants and other accused of this case
caused assault on the prosecution side which resulted into death of
one person and serious injuries to others. It is, therefore, alleged
that they have committed offences which are made punishable under
Sections 323, 326, 302 etc. of the IPC.
I
have perused the FIR. I have also heard Mr.A.M.Dagli, ld. Advocate
for the applicant and Mr.H.L.Jani, ld. APP for the opponent State.
It is submitted by Mr.A.M.Dagli that there are cross cases and the
record shows that other side has also caused serious injuries to the
accused of the present case including applicant No.2. Having heard
Mr. Jani, ld. APP, it appears that so far applicant No.2 is
concerned, neither he has been named in the FIR nor any overt act has
been attributed to him. He has received serious injuries. In view
of the same, he deserves grant of anticipatory bail. Hence, the
following order:-
5. In
the event of the arrest of the applicant in CR No.I-41 of 2006 of
Dhrangadhra City Police Station, he shall be released on bail in
respect of the offence alleged against him in this application on his
executing a bond of Rs.5,000/- (Rupees five thousand only) with one
solvent surety of the like amount by the concerned police officer and
on conditions that he shall;
(a) remain
present before the trial court regularly as and when directed on the
dates fixed;
(b) remain
present at Vasai Police Station on 23/08/2006 between 10:00 a.m., and
05:00 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 decide it on merits.
6. 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.
7. Rule
is made absolute. Direct service is permitted.
(AKSHAY
H. MEHTA,J.)
mrpandya*
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