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CR.MA/7394/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7394 of 2008
=========================================================
UMARBHAI
NASIRBHAI SHARASIA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ABHISHEK M MEHTA for
Applicant(s) : 1 - 4.
MR KT DAVE, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
1. Rule.
Mr. K.T. Dave, learned APP waives service of Rule on behalf of the
respondent ? State.
2. This
Application is filed by the applicants under Section 438 Cr. P.C. in
connection with CR No. I-21 of 2008 registered with Chhapi Police
Station, Chhapi, District Banas Kantha, for the offences punishable
under Sections 147, 148, 149, 325, 326, 324, 323, 504, 447 I.P. Code.
3. Heard
learned Counsel for the parties. Learned Counsel for the parties do
not press for reasoned order.
4. Having
heard the learned Counsel for the parties and after perusing the
record and considering the facts of the case, I am inclined to grant
anticipatory bail to the applicants.
5. In
the result, this Application is allowed by directing that in the
event of the applicants herein being arrested pursuant CR No. I – 21
of 2008, registered with Chhapi Police Station, Chhapi, District
Banas Kantha the applicants shall be released on Bail on his
furnishing a Bond of Rs.5,000/- (Rupees five thousand only) each with
one surety of like amount on condition that –
a) they
shall co-operate with the investigation and make available for
whenever required;
b) they
shall remain present before the Investigating Officer, Chhapi Police
Station, Chhapi, District Banas Kantha on 13th June, 2008
at 11.00 am.
c) they
shall not hamper the investigation in any manner nor shall directly
or indirectly make any inducement, threat or promise to any witness
so as to dissuade him for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, they shall furnish their address to
the I.O. and the Court concerned and shall not change the residence
till the final disposal of the case or till further orders;
e) that
they will not leave India without the permission of the Court and, if
holding a Passport, surrender the same before the trial Court
immediately;
f) It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
g) this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicants shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
6. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,J.)
sas
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