SOHILKHAON IQBALKHAN MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being FIR No.11211014200039 of 2020 registered with Dasada Police Station, Surendranagar for the offences punishable under sections 406 , 420 and 114 of IPC.

(3.) Mr. Y.J. Patel, learned advocate for the applicant, has placed on record two affidavits dated 06.07.2020 executed by Patel Hiraben Popatbhai, who is the original complainant, to submit that the parties have settled the dispute amicably outside the Court and that the original complainant has already received the disputed amount of Rs.50 Lacs. It is further averred in the said affidavit that the original complainant has no objection if the applicant is released on anticipatory bail. It is further submitted that co-accused - Malek Mahebubbhai Rahematbhai has been released on regular bail by this Court vide order dated 20.07.2020 passed in Criminal Misc. Application No.9438 of 2020 and therefore, requested that the applicant herein may be released on anticipatory bail on the ground of parity. It was, therefore, prayed that discretion may be granted in favour of the applicant.