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CR.MA/13092/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13092 of 2011
=========================================================
VIRAL
DEVENDRABHAI DHAMI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/09/2011
ORAL ORDER
1. Rule. Mr. K.L.Pandya,
learned APP waives service of Rule on behalf of the respondent.
2. This is an application
for anticipatory bail under Section 438 of the Code of Criminal
Procedure in connection with the FIR bearing CR No. I-18 of
2011 registered with Gandhigram Police Station, for the offences
punishable under Sections 406, 420 and 120(B) of the IPC.
3.
Heard Mr.A.M.Dagli, learned counsel for the applicant. Mr.Dagli has
submitted that investigation
is over and charge sheet is filed.
It is further submitted that person in whose account amount was
deposited had committed suicide and even after investigation is over,
no other material is surfaced
linking the applicant with the crime alleged or he has not received
any monetary benefit. It is further submitted that considering the
nature of allegations and role attributed to the applicant, by
imposing suitable conditions, the applicant may be enlarged on bail.
4. Heard
Mr. K.L.Pandya, learned APP for the respondent State. Mr.Pandya has
vehemently opposed the present application.
5. Having heard learned
counsel for the parties and perusing the record of the case and
taking into consideration the facts of the case, I am inclined to
grant anticipatory bail to the applicant. This Court has also taken
into consideration the law laid down by the Apex Court in the case of
Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.,
reported in (2011) 1 SCC 694, wherein the Apex Court reiterated
the law laid down by the Constitutional Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors., reported in (1980) 2 SCC 565.
6. The application is
allowed. The applicant is granted anticipatory bail in the event of
his arrest in connection with CR No. I-18 of 2011 registered
with Gandhigram Police Station for the offences as alleged in FIR on
his executing a bond of Rs.10,000/- [Rupees Ten thousand only] with
one surety of the like amount on the following conditions that he
shall:
[a] co-operate with the
investigation and make himself available for interrogation whenever
and wherever required.
[b] shall remain present
at the concerned Police Station on 30.9.2011 at 11.00 AM ;
[c] shall not hamper the
investigation in any manner nor shall directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to any police officer;
[d] at the time of
execution of bond, furnish him residential address to the
investigating officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[e] not leave State of
Gujarat without the permission of the Court and, if holding a
passport, he shall surrender the same before the Trial Court within a
week;
[f] not obstruct or hamper
the police investigation and not play mischief with the evidence
collected or yet to be collected by the police;
7. It would be open to the
Investigating Officer to file an application for remand if he
considers it proper and just; and the competent Court would decide it
on merits.
8. At the trial, the Trial
Court shall not be influenced by the observations of preliminary
nature, qua the evidence at this stage, made by this Court while
enlarging the applicant on bail.
9. The applicant is
permitted to obtain regular bail as per the established provision of
law, within suitable time.
10. Rule made absolute.
Direct service is permitted.
(Z.K.SAIYED, J.)
kks
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