SURESHCHANDRA RAMANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against judgment dated August 10, 2007 rendered by the learned single Judge of High Court of Gujarat at Ahmedabad in Crimi nal Miscellaneous Application No. 6590 of 2007 by which the prayer made by the appellant to enlarge him on anticipatory bail with reference to Crime Case No. 1681 of 2002, registered with Navrangpura Police Station, Ahmedabad, for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a) and 120B of IPC read with Section 46 of the Banking Regulation Act, is refused.

(3.) The record shows that in the year 2002 an FIR was lodged against the appellant and 13 other co-accused for alleged commission of offences punishable under Sec tions 406, 409, 420, 439, 471, 473(a, 120B of IPC and Section 46 of the Banking Regulation Act. The appellant had approached the High Court for anticipatory bail but the same was disposed of as withdrawn by an order dated January 22, 2004. The appellant again preferred another application for obtaining anticipatory bail. The High Court rejected the same on the ground that though the previous application for anticipatory bail was disposed of on January 22, 2004, the appellant had neither surrendered before the Investigating Officer nor extended cooperation in the investi gation, as a result of which the investigating agency had initiated proceedings against the appellant under Sections 70 and 82 of the Code of Criminal Procedure, 1973. According to the High Court the appellant had no regard for law and, therefore, his prayer for anticipatory bail was liable to be rejected though he had pleaded his ill ness. In that view of the matter, the High Court has rejected the application for anticipatory bail giving rise to the instant appeal.