AAMADBHAI SULAIMANBHAI SUMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R No.I-23/ 2019 registered with Sikka Police Station, District: Jamnagar for the offences under Sections 143 , 147 , 149 , 186 , 307 , 332 , 353 , 506 (2) read with Section 120 (B), 114 of the Indian Penal Code and under Section 3 of Prevention of Public Property Act & Section 135 (1) of G.P. Act.

(2.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicants are available during the course of investigation and will not flee away from the justice. In view of the above, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. That other co-accused Fatmaben Hasanbhai Gandhar was released on Anticipatory Bail by this Court on 30.08.2019 in CR.M.A. No.15870 of 2019. In two quashing Petitions filed by the applicants, interim protection was granted by this Court vide order dated 23.08.2019 and 10.10.2019 respectively in CRMA No. 14330 of 2019 and CR.M.A No. 19109 of 2019. That similar role was allegedly played by the present applicants as per the prosecution case. However, the names of the applicants are not named in the complaint. Thus, on the ground of the parity applicants may be released on Anticipatory Bail.

(3.) Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. Learned advocate for the applicants would further submit that upon filing of such application by the Investigating Agency, the right of applicants to oppose such application on merits may be kept open.