LAWS(GJH)-2020-6-678

RABARI DINESHBHAI BIJALBHAI Vs. STATE OF GUJARAT

Decided On June 01, 2020
Rabari Dineshbhai Bijalbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application has been filed for regular bail under section 439 of the Code of Criminal Procedure (for short, "the Cr.P.C .") in connection with Criminal Case No.9110 of 2017 pending before the Court of learned Judicial Magistrate First Class, Mehsana.

(2.) Mr. H.B. Champavat, learned advocate for the applicant, submitted that a complaint came to be filed before the Court of learned Judicial Magistrate, Mehsana on 22.11.2016 by Shri Amitkumar Rana, the authorized officer of Rs.& T Finance Limited, which was numbered as Court Inquiry No.479 of 2016. After due verification, an order was passed on 28.11.2016 by which the concerned police officer was directed to inquire into the matter under section 202 of Cr.P.C. and thereafter, to file a report.

(3.) It was submitted by learned advocate Mr. Champavat that the applicant could not submit himself before the Court of learned Judicial Magistrate on service of summons and therefore, bailable warrant was issued. However, the same could not be served upon him and therefore, the Court issued non ?bailable warrant against the applicant, which also remained unserved. Hence, proclamation under section 82 of Cr.P.C. was issued vide order dated 09.01.2020 and the petitioner came to be arrested by the police and was, thereafter, produced before the Court of learned Judicial Magistrate, Mehsana on 15.02.2020. Thereafter, by the order of the concerned trial Court, the petitioner was sent to judicial custody.