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CR.MA/13673/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13673 of 2010
=============================================
SOLANKI
TAKHATSINH RAVSINH & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR UM SHASTRI for Applicant(s)
: 1 - 3.
MS KRINA P CALLA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/11/2010
ORAL
ORDER
Rule.
Learned APP Ms. Krina Calla, waives service of rule on behalf of
respondent-State.
2. Heard
learned advocate for the applicants and learned APP.
3. This
application for anticipatory bail has been preferred by the
applicants apprehending their arrest in connection with C.R. No.I-174
of 2010 regsitered with Shehra Police Station for the alleged
commission of offences under Sections 147, 148, 149, 323, 452, 504,
506(2), 395, 427, 336 of Indian Penal Code.
4. Mr.
U.M. Shastri, learned advocate for the applicants submit that the
applicants are workers of a political party and during election a
scuffle took place and allegations have been levelled against the
applicants are not based on correct material. It is further
submitted that applicant No.2 is now elected member of Shehra Taluka
Panchayat and they are ready and willing to abide by the conditions
that may be imposed by this Court.
5. Ms.
Krina Calla, learned APP for the State submits that considering the
nature of allegations levelled against the applicants, they may not
be granted anticipatory bail.
6. However,
considering overall facts and circumstances of the case, nature of
allegations vis-a-vis role attributed to the applicants, in the event
of arrest of the applicants in connection with C.R. No.I-174 of 2010
regsitered with Shehra Police Station, they shall be released on bail
in respect of the offences alleged against them in this application
on executing a personal bond of Rs.5,000/- each [Rs. Five Thousand
only each] with one surety of the like amount, by the concerned
police officer and on condition that they shall:-
(a) remain
present before the concerned police station on 19.11.2010 at 11:100
a.m;
(b) remain
present before the trial court regularly as and when directed on the
dates fixed;
(c) make
themselves available for interrogation by a police officer whenever
and wherever required;
(d) not
directly or indirectly make any inducement, threat or promise to any
person acquanited with the facts of the case so as to dissuade 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 residential address to the
I.O., and the Court concerned and shall not change their 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.
7. It
would be open to the I.O., to file an application for remand, if he
considers it proper and just, and the concerned Magistrate would
decide it on merits.
8. This
order will hold good if the applicants are arrested any time within
90 days from today. This 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 applicants 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 unifluenced by the
fact that anticipatory bail was granted.
9. Rule
is made absolute. Direct service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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