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CR.MA/12843/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12843 of 2010
=======================================================
SUKKARBHAI
DIPLABHAI CHAWDHRY - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
YN OZA, Sr.Adv. with MR
RAJESH K SAVJANI for Applicant : 1,
MS ML SHAH APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 27/10/2010
ORAL
ORDER
The
present application has been filed under Section 438 of the Code of
Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.44/2010 registered with Fathepura Police
Station, District : Dahod for the offences punishable under Sections
406, 409, 381, 420, 467, 468, 471, 120(B) and 114 of the Indian
Penal Code.
Learned
Senior Counsel, Mr.Y.N. Oza appearing with learned counsel,
Mr.Rajesh Savjania for the applicant submitted that the
applicant is not involved in the commission of crime and the
allegations are made with regard to irregularity in the payment on
the basis of false vouchers and other evidence. However, it is
submitted that he is joined subsequently and therefore, the present
application may be allowed. He further submitted that
he has been granted anticipatory bail as per the order passed in
Criminal Misc. Application No.11611 of 2010 and other co-accused has
also been granted anticipatory bail as per the order passed in
Criminal Misc. Application No.9537 of 2010 and therefore, the
present application may be allowed.
Learned
A.P.P., Ms.Shah resisted the application and submitted that specific
role has been attributed. She has also submitted that though he has
joined subsequently, there is a prima-facie case suggesting
involvement. Therefore, the present application may not be
entertained.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having considered the nature of
offence, role attributed as well as guidelines with regard to
exercise of discretion under Section 438 of the Criminal Procedure
Code, the present application deserves to be allowed.
Accordingly,
the present application is allowed. The applicant is ordered to be
released on bail in the event of his arrest in connection with
I-C.R.No.44/2010 registered with Fathepura Police Station, District
: Dahod in respect of the offence alleged against him on his
executing bond of Rs.5,000/- (Rupees Five thousand only) with one
solvent surety of the like amount, by him, 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 the concerned Police Station on 29.10.2010 between 11.00 a.m. and 2.00 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 his 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
should 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,
during which it will be open to the applicant to make 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.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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