RIYAZBHAI IBRAHIMBHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under section 439 of the Code of Criminal Procedure for regular bail in connection with the first information report being registered as C.R. No.I-11215038200104 of 2020 with Vasad Police Station, District Anand.

(2.) Mr. Y.S. Lakhani, learned Senior Advocate appearing with Mr. Amit Thakkar, learned advocate for the applicant, submitted that charge-sheet has already been filed and the copy of the same has been placed on record. Attention of the Court was invited to certain paragraphs of the charge-sheet to point out that no case has been made out against the applicant herein. It was submitted that the complaint in question has been filed after a delay of almost four months. Initially, the applicant was not named in the first information report and only after deliberation, the applicant was arraigned as an accused.

(3.) Ms. Monali Bhatt, learned Additional Public Prosecutor, submitted that in the charge-sheet, the applicant herein has been shown as the main accused No.1, whereas his five other associates have been shown as absconders. The investigation is under progress in connection with the five other accused persons. The statements of two witnesses, which were recorded on 20.03.2020, proves the involvement of the present applicant. It was submitted that both these witnesses are also victims since they were having parcels containing the currency notes, which were looted by the applicant. It was, therefore, submitted that when the investigation is still under progress against the other co-accused persons, who are absconding, the present application may not be entertained.