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CR.MA/5483/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5483 of 2010
=========================================================
VALJIBHAI
GANDABHAI CHAUHAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HD CHUDASAMA for
Applicant(s) : 1 - 2.
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 08/06/2010
ORAL ORDER
Rule.
Learned Additional Public Prosecutor, Mr Kodekar waives service of
Rule on behalf of the State.
2. Following
aspects are considered.
(1) The
allegation is of abetting suicide;
(2) As
per the prosecution case, the applicants threatened and intimidated
which ultimately prompted the deceased to commit suicide.
Considering
the above aspects, the application deserves to be allowed.
3. The
application is allowed. In the event of arrest of the applicants in
connection with C.R. No. I – 209 of 2010 of Naroda Police Station,
Ahmedabad they shall be released on bail in respect of the offences
alleged against them in the application, on their executing a bond
of Rs.5000/- (Rupees five thousand only) each with one surety each of
the like amount, by the concerned Police Officer, and on conditions
that they shall,
(a) not
take undue advantage of their liberty or abuse their liberty;
(b) remain
present before the Trial Court 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 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
obstruct or hamper the police investigation or tamper with the
evidence or influence the witnesses;
(f) at
the time of execution of bond, furnish their addresses to the
Investigating Officer and to 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 prior permission of the Court; and
(h) deposit
Passport, if any, with the Trial Court within a week.
4. 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.
5. This
order will hold good, if the applicants are 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 their arrest. Thereafter, it will be open to the applicants to
make a fresh petition for being enlarged on bail, in usual course,
and when it comes before the competent Court, it 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.
6. Rule
is made absolute.
7. Direct
Service is permitted.
(A.L.
DAVE, J.)
zgs/-
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