Gujarat High CourtParshottambhai vs State on 21 October, 2008Author:Md ShahBench:Md ShahGujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	


 


	 

CR.MA/13739/2008	 1/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 13739 of 2008
 

 
 
=========================================================

 

PARSHOTTAMBHAI
DAHYABHAI @ KALYANBHAI PATEL - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
RS SANJANWALA for
Applicant(s) : 1, 
Mr M R Mengedey, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE MD SHAH
		
	

 

 
 


 

Date
: 21/10/2008 

 

 
 
ORAL
ORDERRule.Learned APP waives service of Rule on behalf of the
respondent-State.Heard
the learned counsel for the applicant-accused and the learned APP.1.		This
application for anticipatory bail has been preferred by the applicant
apprehending his arrest in connection with M. Case No.3 of 2007
registered with Rander police station for the alleged commission of
offences undersections 465,467,468,471,34,1143and120-Bof
IPC.2.		The
only allegation made against the present applicant is that he has
signed as witness in the alleged sale deed.3.		In
view of the above, and in light of the submissions made by the
learned advocate for the applicant, this application deserves to be
allowed and is accordingly allowed.4.		In
the event of arrest of the applicant in connection with M. Case
No.3/07 and Inquiry Case No.91 of 2007 of Rander police station, he
shall be released on bail in respect of the offences alleged against
him in this application on executing a personal bond of Rs.5,000/-
(Rs. Five thousand only) with one surety of the like amount, by the
concerned police officer and on condition that he shall -(a)	remain
present before the concerned police	station on 24.10.2008 between 11
am and 5 	pm.(b)	remain
present before the trial court	regularly as and when directed on the
dates	fixed;[c]	make
 himself available for interrogation by	a   	police officer whenever
and wherever 	required;(d)	not
directly or indirectly make any inducement 	threat or promise to any
person acquainted with 	the facts of the case so as to dissuade 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 	residential address to
the I.O., and the court 	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.5.		It
would be open to the I.O., to file an application for remand, if he
considers it proper and just, and the concerned Magistrate would
decide it on merits.6.		This
order will hold good if the applicant is arrested any time within 90
days from today. This order for release on bail will remain operative
only for a period of ten days from the date of his arrest. 
Thereafter, it will be open to the applicant 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.7.		Rule
is made absolute. Direct service is permitted.[M.D.
SHAH, J.]
 

 


 

mspTop