PRADEEP SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant under sec. 167(2) r/w sec. 482 of Criminal Procedure Code for grant of default bail challenging the impugned judgment and order passed by the learned Special (ACB) Judge, Bhuj, Kutch in Criminal Misc. Application No. 360 of 2010 dated 13.9.2010 rejecting such application for grant of default bail under sec. 167(2) of CrPC on the grounds set out in detail in the Memo of Application.

(2.) Learned Sr. Counsel Mr. Raju for the applicant referred to the papers and the grounds and submitted that the applicant-accused was arrested on 6.1.2010, was produced before the Magistrate on 6.7.2010 and he has been arrested in connection with M. Case No. 1/2008 registered with CID Crime, Rajkot Zone, Bhuj, for the alleged offences under sec. 200, 203, 217, 465, 468, 471, 472, 474, 475, 406, 409 and 120B of IPC. Thereafter a report was submitted for adding offences under the Prevention of Corruption Act (hereinafter referred to as 'the PC Act') and thereafter the said report for adding the offences under the PC Act was withdrawn vide application dated 1.4.2010. Thereafter, the present FIR being C.R. No. I-3/2010 registered with CID (Crime), Rajkot Zone, came to be filed for offences under sec. 7, 11, 13(1)(b) & 13(2) of the PC Act.

(3.) Learned Sr. Counsel Mr. Raju submitted that, though a separate FIR has been filed subsequently, in fact, the applicant was already in the custody and the report was also made for adding offences under the PC Act and therefore he would be deemed to have been in the custody even in respect of the offences under the PC Act for which a separate FIR has been filed.