ARUNBHAI HARILAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS the investigation is going on, Shri Nair, learned advocate appearing on behalf of the applicant does not press the present application at this stage. However, he has requested that a liberty be reserved in favour of the applicant to submit an appropriate application before the learned Magistrate for discharge under Section 239 of the Code of Criminal Procedure in case the charge-sheet is fled against the applicant. He has also requested to continue the protection granted by this Court for sometime so as to obtain appropriate order of either anticipatory or regular bail from the competent Court.

(2.) IN view of the above and for the reasons stated above, without expressing anything on merits in favour of either parties and as the investigation is going on, present application is dismissed as not pressed and a liberty is reserved in favour of the applicant to submit an appropriate application for discharge in case the charge-sheet is filed against the applicant. 3. However, it is made clear that this Court has not expressed any opinion on merits in favour of either parties and it is ultimately for the concerned investigating officer to inquire into allegations and complete the investigation in accordance with law and on merits and thereafter submit appropriate report before the learned Magistrate. While disposing of the present application, the interim protection granted by this Court vide order dated 17.09.2010 is directed to be continued till 13th December 2010, so as to enable the applicant to obtain appropriate order of anticipatory/regular bail from the competent Court. As and when such application is made, the same shall be considered by the concerned Court in accordance with law without in anyway being influenced by the present protection. Rule discharged.