KIKUBHAI JARAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. H. L. Jani, learned APP waives service of Rule on behalf of respondent.

(2.) THIS application has been preferred under Section -439 of the Code of Criminal Procedure, in connection with the offence being CR No. I -29 of 2010 registered with D. C. B. Police Station, Surat for the offences u/s. 465, 467, 468, 471, 114 and 120 -B of the Indian Penal Code.

(3.) LEARNED advocate for the applicant has contended that in the present case original accused Dinsha Kavasji Ghadiali is released by the Hon'ble Supreme Court vide order dated 7/12/2010 and 11/4/2011 in SLP (Criminal) NO.9811 of 2011 and second accused Gulabbhai Baburao Patil has been released by this Court prior to filing of charge sheet vide order dated 26/10/2010 passed in Criminal Misc. Application No.12928 of 2010. He has contended that present applicant is Talati and as per contents of FIR also, the role of present applicant is not there in the alleged offences. He has also contended that the main accused is released by the Hon'ble Supreme Court, therefore, present applicant may be released on bail. Learned advocate for the applicant has further contended that looking to the role of present applicant, it appears that prosecution has wrongly booked him in this matter.