LAWS(GJH)-2020-10-886

SARFARAZ HASSANBHAI PATEL Vs. STATE OF GUJARAT

Decided On October 21, 2020
Sarfaraz Hassanbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is filed by the applicant - accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with C. R. No. 11196027200377 of 2020 registered with Karelibaug Police Station, Vadodara City, Vadodara for the offences punishable under Sections 406 , 420 , 465 , 468 , 471 and 114 of the Indian Penal Code, 1860 ( IPC ).

(2.) Heard learned advocate Mr. Parthiv B. Shah for the applicant and learned APP Ms. Nisha Thakore for the respondent - State through Video Conference. Submissions of the Parties:

(3.) The learned advocate for the applicant - accused has submitted that the applicant - accused is an innocent person and falsely implicated in the offence in question. The learned advocate, with all vehemence at his command, submitted that the present applicant is not named in the FIR in question. Furthermore, the co- accused have been enlarged on bail by the learned Sessions Court only viz. original accused Nos. 3, 6, 9 and 13 are enlarged on anticipatory bail, whereas, original accused No. 5 is enlarged regular bail and accordingly, on the ground of parity, he requests to consider the case of the present applicant. It is submitted that it is civil dispute which has been given a criminal colour. Further, the applicant has family roots in the society and therefore, he is not likely to flee away from justice. That the investigation is almost over and hence, further custodial interrogation may not be required. That he will abide by whatever conditions imposed by the Court. He has further vehemently submitted that there is no direct involvement of the applicant - accused in the present case so far as allegation is concerned. He has, therefore, prayed that discretion may kindly be exercised and grant bail to the applicant - accused.