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CR.MA/9578/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9578 of 2008
=========================================================
TARUN
ISHWARDAS JAGYASI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NIRAV C THAKKAR for Applicant(s) : 1,
MR HL
JANI, ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/07/2008
ORAL
ORDER
1. RULE.
Learned APP, Mr.H.L.Jani, waives service of rule on behalf of the
respondent-State. In the facts and
circumstances of the case, this application is taken up for hearing
today.
2. This
application filed under Section 438 read with Section 482 of Criminal
Procedure Code for transit anticipatory bail in connection with the
offence committed by the petitioner at Jagdishpura Police station,
Agra, U.P. being CR No.380/2008 for the offence punishable under
Section 307 of Indian Penal Code. As the petitioner is seeking
transit anticipatory bail under Section 438 read with Section 482 of
the Criminal Procedure Code, no reason is required to be given in
view of the judgments cited by the learned advocate which are as
under:
Harshadbhai
Manubhai Patel & Others V/s. State of Gujarat vide Criminal
Misc. Application No.5063 of 1998; and
Pankajkumar
Mangal V/s. State of Gujarat vide Criminal Misc. Application
No.13686 of 2007.
3. In
view of the above, the petition is required to be allowed and hence,
the following order;
O
R D E R
Anticipatory Bail under section 438 read with Section 482 of Cr.p.c. is granted to the petitioner for a period of 30 days from today in the event of his arrest in Crime Register No.380/2008 of Jagdishpura Police Station, Agra, U.P. on executing a bond of Rs.5,000/-(Rupees Five Thousand only) with one surety of the like amount, before the concerned police officer and meanwhile he is directed to approach the appropriate authority and obtain necessary orders if he so desires. During the period of transit anticipatory bail, he should abide the following conditions that he shall,
(a) remain present before the court as and when directed on the dates fixed;
(b) make himself available for interrogation by a police officer, whenever and whereever required;
(c) 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;
(d) 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;
(e) at the time of execution of bond, furnish the address to the Investigating Officer and the Court and shall not change his residence till the final disposal of the case or till further orders; 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.
4. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(H.B.ANTANI, J.)
ashish//
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