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CR.MA/14153/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14153 of 2010
=========================================
BHAGIRATHSINH
PRAVINSINH JADEJA
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR MM TIRMIZI for Applicant
MRS
KRINA CALLA APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I – 67 of 2010 with Dhrangadhra City Police Station for
the offences punishable under Sections 306 and 114 of the Indian
Penal Code and under Sections 25, 33 and 34 of the Bombay Money
Lenders Act.
Learned
counsel for the applicant has submitted that even the version of the
deceased recorded as Dying Declaration, it reveals that at the most
the applicant had insisted for return of the money borrowed by the
deceased and simplicit, it cannot be said that the above alleged
action of the applicant is the case for which Section 306 is
attracted. It is further submitted that the co-accused is enlarged
on bail by this Court and, therefore, by imposing suitable
conditions, the applicant may be enlarged on bail.
Heard
Mrs.Krina Calla, learned APP appearing on behalf of the respondent –
State.
Having
heard learned counsel for the parties and perusing the record of the
case, considering the overall facts and circumstances and the
co-accused is enlarged on bail, I am inclined to grant Anticipatory
Bail on imposing suitable conditions.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being
CR No.I – 67 of 2010 with Dhrangadhra City Police Station, the
applicant shall be released on bail on furnishing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of like
amount on following conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 29.12.2010 at
11.00 a.m.;
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 them for disclosing such facts to the Court or to any
Police Officer;
at
the time of execution of bond, furnish the address to the
Investigating Officer and the court concerned and shall not change
the residence till the final disposal of the case of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
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;
this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicant 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.
With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
vijay
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