IMTIYAZ ALIMIYA SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicant submits that the applicant has been falsely roped in the present offence merely on the basis of political vengeance. Considering the entire FIR the only role of the applicant is regarding instigating other accused who slapped the complainant. The applicant has no antecedents, he is a regular tax-payer and no ground is made out of any offence under Sections 394, 395 and 397 of the I.P.C. against the present applicant. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant-accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.