AJAY HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant-original accused No. 17 for grant of anticipatory bail under sec. 438 of Criminal Procedure Code in connection with CBI Case No. RCBS1/2010/S0004-MUM registered with C.B.I., Mumbai for the alleged offences under sections 120(B), 364, 365, 368, 341, 342, 302, 384 and 201 of IPC.

(2.) Learned Counsel Mr. JM Panchal appearing with learned counsel Mr. Anandjiwala submitted that he would adopt the submissions canvassed by learned Sr. Counsel Mr. Uday Lalit for the applicant in Criminal Misc. Application No. 10365 of 2010.

(3.) Learned Counsel Mr. Panchal, however, submitted that the first aspect he would refer to is the unfairness of the investigating agency inasmuch as he was served with the summons on 18.6.2010 and he went to the CBI office at Mumbai where he was interrogated. Learned Counsel Mr. Panchal submitted that there is no summons and he had gone to USA on 29.6.2010 and returned on 9.8.2010. In the meanwhile, the charge sheet was filed on 26.7.2010 and also the warrant came to be issued under sec. 70. Learned Counsel Mr. Panchal referred to the papers and an application made before the Court of Magistrate for issuance of non-bailable warrant and submitted that it was mere ipse dixit without any material to show that the petitioner has avoided or absconded.