SHIBABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Yogesh Lakhani, learned Senior Counsel with Mr. Rahul Dholakia, learned advocate for the applicant and Ms. Maithili Mehta, learned APP for the respondent State through Video?conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I - 4 of 2020 registered with Bhavnagar ACB Police Station, Bhavnagar for the offences punishable under Sections 13(1)(b) , 13(2) of the Prevention of Corruption Act, 1988.

(3.) Mr. Yogesh Lakhan, learned Senior Counsel appearing for the applicant submits that the applicant has retired on 31.10.2018 and he was sent to police custody for remand. He has submitted that the Investigating Officer has already submitted all the documentary evidence before the trial Court and the affidavit has been filed which is on record from Page?49 to 83 in this matter. Learned Senior Counsel has further submitted that the applicant is suffering from age related ailments. According to his versions, the Investigating Officer has not taken into consideration the various explanation regarding acquirement of properties, including which is derived from the agricultural activities as well as income of son and wife of the applicant. He has also submitted that during his entire service tenure, no allegation or any case was filed against the applicant and thus he had a blotless service record and therefore considering the facts that the entire case is based on documentary evidence, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.