YASHPAL JITUBHA CHUDASAMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present application has been filed by the applicant-original accused No. 18 for grant of anticipatory bail under Section 438 of Criminal Procedure Code in connection with CBI Case No. RCBS1/2010/S/0004-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.) Sr. Counsel Mr. Uday Lalit appearing with learned Counsel Mr. J.M. Panchal for the applicant submitted that the charge sheet has been filed by the respondent No. 1-CBI, which is at page 50, and the applicant has been shown as 'not arrested'. Learned Sr. Counsel Mr. Lalit submitted that the applicant is the Director of the Co-operative Bank and the gravamen of the charges levelled against the present applicant-accused may be considered, which have not been appreciated by the trial court.

(3.) Learned Sr. Counsel Mr. Lalit referred to the charge sheet and pointedly referred to Para 37, 38, 42, 46 and 48 and submitted that, as stated in Para 46 referring to the present applicant, the offence alleged is under Section 201 of IPC. However, Learned Sr. Counsel Mr. Lalit submitted that even in Para 37 and 38, what has been attributed is influencing the witnesses to conceal from CBI, though Para 38 refers to his involvement in the conspiracy.