MAHESHBHAI LALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No.11199024200153 of 2020 registered with Hansot Police Station, Bharuch for the offenses punishable under Sections 409 and 477A of the Indian Penal Code.

(2.) Heard learned advocate Mr.Dipen Desai for the applicant and learned advocate Mr.Kashyap Joshi for the original first informant and learned APP Mr.Raval for the respondent-State.

(3.) Learned advocate Mr.Desai has mainly contended that the applicant is working as Secretary with APMC, Hansot. Learned advocate has thereafter submitted that the applicant was suspended by the concerned APMC and order of suspension was challenged by him by filing Special Civil Application before this Court. Though the said petition was pending, the APMC dismissed the applicant from service and therefore the applicant filed amendment before this Court in the pending petition. Learned Single Judge admitted the petition, however, no relief was granted and therefore the applicant filed Letters Patent Appeal No.1889 of 2019 before the Division Bench of this Court. Learned advocate Mr.Desai has referred to the order dated 24.12.2019 passed by the Division Bench of this Court, copy of which is placed on record at page 85 of the compilation. After referring to the same, it is submitted that the Division Bench has admitted the said appeal and stayed the order of dismissal by observing that the appellant would be entitled to continue in service and be paid the salary duly admissible to him. At this stage, learned advocate Mr.Desai referred to the FIR in question and submitted that for the alleged incident which had taken place in the month of October, 2018, FIR is filed on 13.6.2020 for the alleged misdeeds on the part of the applicant. Thus, there is a delay in lodging the FIR. It is also contended that the impugned FIR is nothing but misuse of the process of the Court and the Division Bench has granted stay of order of dismissal, now the FIR in question is filed against the applicant. It is also submitted that the custodial interrogation of the applicant is not required in the facts of the present case. He, therefore, urged that this application be allowed.