HARESHBHAI HAMIRBHAI JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.11186006210437 of 2021 registered with Sutrapada Police Station, Dist. Gir-Somnath for the offence punishable under Sections 379, 114 of the Indian Penal Code and under Section 4(1) and 21 of Mines and Minerals (Regulation and Development) Act, 1957 as well as under Section 3 and 21 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage Rules, 2005, 2016 and 2017.

(2.) Learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, the learned APP appearing for the respondent- State has opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence.