MALEK MAHEBUBBHAI RAHEMATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of noticeof Rule on behalf of respondent - State.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connectionwith the C.R.No.1121104200039 of 2020 registered with Dasada PoliceStation, Surendrangar of the offence punishable under Sections 406 , 420 and 114 of the Indian Penal Code.

(3.) Learned Advocate appearingon behalf of the applicanthas submitted that the applicant is an innocentperson, wrongly been arraigned in the prosecution and having no criminal antecedents. In fact, the complaint is filed after almost a period of 3 and 1/2 years and the reason for delay is also not explained at all. Additionally, learned advocate for the applicant has submitted that during the passage of time, nowthe complainant i.e. Hiraben w/o Popatbhai Dayaljibhai Patel, has already received the amount and settled her grievance with the present applicant and another co-accused,viz.,Sohilkhan Ikbalkhan Malek and now, the dispute no longer survives and to this effect, an affidavit is also placed on record by Mr.Mahesh K. Poojara, learned advocate, who has identified the complainant, who was present on video conference. So, the learned advocate for theapplicant has submittedthatnow, the grievance of the complainant is no longer survives and the issue is already resolved between the parties and there isno point in keepingthepresent applicant in custody any more. Hence, a request is made to enlarge the applicant on regular bail by imposing suitable conditions.