MOHABAT BHAVARSING DEVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. I- 40 of 2013 registered with Tankara Police Station, District: Morbi for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned advocate for the applicant submits that other co-accused of this offence are released on bail by the learned Sessions Court concerned. Thus, on the ground of parity, the applicant may be released on bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.