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CR.MA/11263/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11263 of
2010
======================================
YUSUFKHAN
ALAUDDIN MEV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR YATIN OZA SR COUSEL FOR MR
SOEB R BHOHARIA for Applicant(s) : 1,
MR MENGDEY APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 27/09/2010
ORAL ORDER
The
present application has been filed under section 438 of the Code of
Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.194/2010 registered with Gaikwad Haveli
Police Station, Ahmedabad for the offences punishable under sections
143, 147, 148, 149, 302, 307, 326, 324, 323, and 427 of Indian Penal
Code as well as section 135(1) of Bombay Police Act.
Learned
senior counsel, Mr.Oza for learned advocate Mr.Soheb Bhoharia for
the applicant-accused submitted that initially applicant was
attributed with the role of giving fist blows only and subsequently
improvement has been made. He submitted that considering the nature
of offence and role attributed to the applicant, present application
deserves to be allowed.
Learned
A.P.P., Mr.Mengdey for the respondent-State resisted the application
and submitted it is not that subsequently improvement has been made.
Having
heard Mr.Yatin Oza, senior counsel for Mr.Bhoharia for the applicant
and Mr.Mengdey, learned APP and having considered the nature of
offence, manner in which it is alleged to have been committed, role
attributed and also considering guidelines for exercise of
discretion under section 438 of the Code of Criminal Procedure,
1973, present application deserves to be allowed.
Accordingly,
the present application is allowed. The applicant is ordered to be
released on bail in the event of his arrest in connection with
I-C.R.No.194/2010 registered with Gaikwad Haveli Police Station,
Ahmedabad in respect of the offence alleged against him on his
executing bond of Rs.5,000/- (Rupees Five thousand only) with one
solvent surety of the like amount, by him, by the concerned Police
Officer and on conditions that he shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 30.09.2010 between 11.00 a.m. and 4.00 p.m;
c) make himself available for interrogation by Police Officer between 11:00 a.m. to 05:00 p.m. – before sunset;
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 his address to the Investigating Officer and the Courts concerned, and shall not change his 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
should 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.
This
order will hold good if the applicant is 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 his arrest,
during which it will be open to the applicant to make 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 to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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