KANUBHAI CHATURBHAI PARMAR 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 was working as a manager of the bank when the alleged offence has occurred. He has not gained any monetary benefit in the said offence. He was transferred from the bank and thereafter he was retired, however no departmental proceedings are initiated against him. It is also submitted that his gratuity was withheld by the Government and the matter is pending before this Court for the payment of gratuity, else in this matter, he has not been called for interrogation by the Investigating Officer. It is also submitted that no custodial interrogation is required as the entire case is based upon documentary evidence. Moreover, the other persons who have been benefited by the transaction of loans, the FIR is filed against them and they are ready to pay the amount. 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.