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CR.MA/9670/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9670 of 2010
=========================================
VIPUL
DHAYABHAI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR SV RAJU
WITH MR PP MAJMUDAR for
Applicant(s) : 1 - 3.
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/08/2010
ORAL
ORDER
This
application is filed by the applicants under Section 438 of the Code
of Criminal Procedure, 1973 for granting anticipatory bail in
connection with CR No.I-101 of 2010 registered with Chikhali Police
Station, District-Navsari, for the offence punishable under Sections
498-A, 306 and 114 of the Indian Penal Code.
Heard
Mr.S.V. Raju, learned Senior Counsel with Mr.P.P. Majmudar, learned
counsel for the applicants and Mr.A.J. Desai, learned Additional
Public Prosecutor, for the respondent-State.
Mr.Raju,
learned Senior Counsel for the applicants, has submitted that he is
not pressing the present application for the applicant no.1-Vipul
Dhayabhai Patel.
In
view of statement made by learned Senior Counsel for the applicants,
present application is dismissed qua applicant no.1 and accordingly,
Rule is discharged qua the applicant no.1.
Having
heard the learned counsel for the parties and perusing the record
and considering the facts of the case, I am inclined to grant
anticipatory bail to the applicant nos.2 and 3.
In
the event of the arrest of the applicant nos.2 and 3 in connection
with CR No.I-101 of 2010 registered with Chikhali Police Station,
District-Navsari, the applicant nos.2 and 3 shall be released on
anticipatory bail on their furnishing bond of Rs.10,000/- (Rupees
Ten Thousand Only) each with one surety of the like amount on
conditions that they shall:
(a) remain
present before the trial Court regularly as and when directed on
the dates fixed;
(b) remain
present at Chikhali Police Station, District- Navsari, on 30th
August 2010 at 11:00 a.m.;
(c) make
themselves 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 the address to the
Investigating Officer and 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 permission of the Court and if having
passport, shall deposit the same before the trial Court within a
week;
(h) it
would be open to the Investigating Officer to file an application
for remand if he considers it just and proper, and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant nos.2 and 3 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 applicant nos.2 and
3 to make a 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 qua applicant nos.2 and 3.
Direct
service is permitted.
(Z.
K. Saiyed, J)
Anup
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