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CR.MA/11614/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11614 of 2010
=========================================================
SUKKARBHAI
DIPLABHAI CHAWDHRY - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YN OZA, SENIOR COUNSEL for MR RAJESH K SAVJANI
for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/10/2010
ORAL
ORDER
1. 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 CR No.12 of 2010 registered with Fathepura Police Station,
District Dahod for the offences punishable under Sections 381, 467,
468, 471, 479, 406, 408, 409, 420 and 120B of the Indian Penal Code.
2. Learned
Counsel, Mr YN Oza for the applicant submitted that the applicant is
not involved in the commission of crime and he submitted that 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 the other
co-accused have also been
granted anticipatory bail as per the order passed in Criminal Misc.
Application No.5067 of 2010 as well as Criminal Misc. Application
No.9537 of 2010 and therefore, the present application may be
allowed.
3. Learned
APP, Ms Mini Nair for the State resisted the application and
submitted that a specific role is attributed to the applicant
suggesting his involvement. Learned APP has referred to the record
and submitted that though he is joined subsequently, back dated
payment has been made suggesting his prima facie involvement and
therefore, anticipatory bail may not be granted.
4. Having
heard learned Counsel, Mr YN Oza with Mr RK Savjani for the applicant
and learned APP Ms Mini Nair for the State and having considered the
nature of offences, manner in which it is alleged to have been
committed, role attributed to the applicant as well as considering
the guidelines with regard to exercise of discretion under Section
438 of the Criminal Procedure Code and the fact that the other
co-accused have been granted anticipatory bail, the present
application deserves to be allowed.
5. 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 CR
No.12 of 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 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 07.10.2010 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.
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,
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.
7. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
mrpandya
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