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CR.MA/3846/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3846 of 2011
=============================================
ZALAKBEN
RATILAL PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR TUSHAR CHAUDHARY for
Applicant(s) : 1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/03/2011
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent – State.
2. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-8 of 2011 with Vadgam Police Station, District: Banaskantha,
for the offences punishable under Sections 498(A), 323, 506(2), 114
and 306 of the Indian Penal Code.
3. Learned
counsel for the applicant submits that the applicant aged about 19
years and studying in ITI against whom allegations have been levelled
and a brief mention is made in dying declaration by the victim along
with other two female co-accused out of which grandmother is enlarged
by learned Sessions Judge and considering the above aspect, the
applicant may be granted anticipatory bail.
4. Heard
Learned APP for the respondent – State.
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. Learned
counsel for the parties do not press for further reasoned order.
7. 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-8 of 2011 with Vadgam Police Station, District: Banaskantha, the
applicant shall be released on bail on furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount
on following conditions :-
[a] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[b] shall remain
present at concerned Police Station on 25.3.2011 between 11:00 am to
2:00 pm:
[c] 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 from disclosing such facts to the Court or to any
Police Officer;
[d] shall 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 or till further orders;
[e] will not
leave India without the permission of the Court and, if is holding a
Passport, shall surrender the same before the trial Court immediately
[f] 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.
[g] despite this
order, it would be open for the Investigating Agency to apply to the
competent Magistrate, for police remand of the applicant. The
applicant shall remain present before the learned Magistrate on the
first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the applicant,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
8. Rule
made absolute. Application is disposed of accordingly.
9. Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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