GOVINDBHAI KANUBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under Section 438 of the Criminal Procedure Code, 1973, in respect of offence punishable under Sections 406 , 420 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code for which, an FIR bearing C.R.No.11196002200184 of 2020 came to be registered with Bapod Police Station, District Vadodara.

(2.) Heard Mr. Nirupam Nanavaty, learned Senior Advocate with Mr.Yash N. Nanavaty, learned advocate for the applicant, Ms. Nisha Thakore, learned Additional Public Prosecutor and Mr. Amit Chaudhary, learned advocate for the private complainant, through video conference.

(3.) Mr. N.D. Nanavaty, learned Senior Advocate for the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is in jail since 11.3.2020. It is further submitted that the investigation is over and the charge-sheet is already filed on 3.5.2020. While claiming parity, it is submitted that the co-accused has been enlarged on regular bail by the learned Sessions Court. It is submitted that the role attributed to the applicant is much lesser than the role attributed to the said accused who has been enlarged on regular bail vide order dated 10.4.2020. It is also submitted that the applicant has no criminal antecedent. It is further submitted that the applicant has not indulged in forgery of any document viz. 7/12 form. It is submitted that in the present case, the evidence is already collected by the investigating agency and that there are no chances of tampering with the evidence, if the applicant is enlarged on regular bail.