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VH Kanara gets anticipatory bail

Lawyer VH Kanara had notarised constable KD Panth’s affidavit which was allegedly filed under pressure.

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The district sessions court, Ahmedabad (rural), on Friday granted anticipatory bail to lawyer VH Kanara in the ‘fake’ affidavit case filed by police constable KD Panth. Kanara was granted bail on the condition that he will have to cooperate with the investigation of the case.

While granting him anticipatory bail, additional sessions judge VK Vyas observed that there was little possibility of Kanara absconding to avoid the investigation process and that he would remain present before the investigating officer whenever required.

Further, he had made himself available for investigation whenever the police had called him for questioning, the judge said.
In such circumstances, it cannot be argued that his arrest is a must only on the ground that he had been giving 'inconsistent' statements, the court said.

The court, however, agreed that the investigation of the case should not be hampered; hence it asked Kanara to assist the probe. The court has asked him to remain present before the investigating officer on October 25 in the morning for further questioning.

However, the court also left room for the police to approach the concerned magistrate court if they need Kanara's custody for the investigation. The court told the police that in case they need to interrogate the notary in custody, they should file an application before the concerned magistrate court which, after hearing both the sides, will pass the appropriate order.

Imposing conditions on Kanara, the court asked him to deposit his passport in court and also pay solvency of Rs 10,000. It also restrained him from contacting any of the witnesses or the complainant in the case, besides asking him not to do anything which could damage the case.

According to the FIR filed by Panth, Bhatt had taken him to Kanara's office near Gujarat high court on the night of June 16, 2011, where the affidavits were prepared and he was allegedly forced to sign without reading it. Panth had claimed that the affidavits were already ready when he and Bhatt reached Kanara's office.

Kanara, however, has alleged that the police were putting pressure on him to give a statement against state Congress president Arjun Modhwadia alleging that, apart from Bhatt, Modhwadia was also involved in preparing the affidavit and putting pressure on Panth.

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