MALABHAI MADHABHAI DESAI 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.11195004200019 of 2020 before Deesa South Police Station, District: Banaskantha for the offence under Sections 420 , 406 , 467 , 468 , 471 , 120B , 34 and 114 of Indian Penal Code.

(2.) Learned advocate for the applicants submits that outstanding loan amount of the respondent No.2-?Bank to the tune of Rs.30 lacs has been deposited by the accused persons and as per order dated 19th June 2020 passed by this Court, the applicant in Criminal Misc. Application No.4970 of 2020 has deposited Rs.7 lacs before the respondent No.2-?Bank at Mehsana Branch instead of Deesa Branch. Moreover, applicant No.1 is having age of 80 years and applicant no.2 is the guarantor of the loan amount and the entire loan amount has been paid by the applicants. Thus, considering the age of the applicant no.1, he may be exempted from remaining present before the Investigating Officer. Learned advocate for the applicants further 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.

(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.