1.Heard. Mr.Shah, learned advocate for the applicant, Mr.Pujari, learned APP and Mr.Jani, learned advocate appearing for the respondent No.2-Bank.
2.Rule. Mr.L.R.Pujari, learned Addl. Public Prosecutor for the State and Mr.Jani, learned advocate for respondent No.2 waives the service.
3.Following aspects are considered :
(i)The principal borrower has been granted bail by a coordinate bench of this Court vide order dated 14th December, 2004, passed in Criminal Misc.Application No.11373/2004.
(ii)Mr.Shah, learned advocate for the applicant makes a statement, on instruction from the applicant, that the applicant shall deposit an amount of Rs.50,000/- with the Bank within a week from today.
(iii)Mr.Jani, learned advocate for the bank raises no objection to this.
(iv)The applicant deserves to be granted bail on the ground of parity also.
4.In the event of the arrest of the applicant in connection with M.Case No.12 of 2004 of Patan City Police Station, he shall be released on bail in respect of offences alleged against him in this application on his executing a bond of Rs.5000/- (Rupees five thousand only) with one surety of the like amount, 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 Police Station on 17th January, 2005 between 9 A.M. and 2.00 P.M.;
(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 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 the address to the Investigating Officer 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 Investigating of Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decide it on merits.
6.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. 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.
8.Direct service is permitted.
[ A. L. DAVE, J. ] /malek