PRAGNESH RASHMIBHAI JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Shri R.S.Sanjanwala appearing with learned Advocate Ms. Sanskruti R. Shukla for the Applicant and learned APP Ms. Monali Bhatt for the Respondent - State of Gujarat.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with FIR N o . 1 1 1 9 4 0 7 0 2 1 0 0 0 2 / 2 0 2 1 registered with ACB Police Station, Surendranagar for the offences punishable under Ss. 409 , 465 , 466 , 468 , 471 , 120B of the Indian Penal Code and Ss. 13(1)(a) , 13(2) , 12 of the Prevention of Corruption Act, 1988 (Amendment - 2018) and Sec. 13(1)(d) and 13(2) of Prevention of Corruption Act 1988.

(3.) Learned Senior Advocate for the Applicant has submitted that the Applicant is apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned Senior Advocate for the Applicant has submitted that the letter in question is dtd. 5/6/2014 whereas the present Applicant was already transferredto other place viz. from Chotila to Kalavad on 24/2/2014. It is submitted that the Deputy Collector, vide letter dtd. 24/2/2014 and the Resident Additional Collector, Surendranagar vide letter dtd. 26/2/2014, found the order dtd. 20/2/2014 passed by the Mamlatdar, Chotila appropriate and in accordance with law. Further, vide communication dtd. 9/6/2014, the Resident Additional Collector, Surendranagar has made his recommendation in favour of the order dtd. 20/2/2014, and the said letter dtd. 9/6/2014 is not doubted or questioned till date. However, subsequently suo motu proceedings were initiated and the Deputy Collector set aside the order passed by the Applicant on 6/7/2019. Further, the subject matter is already under challenge before this Court by way of filing Special Civil Application No.12662 of 2019, wherein this Court has issued Rule and stay is granted. However, the FIR in question is lodged against the present Applicant in the year 2021. Further, it is contended that there is no antecedent. It is also urged by the learned Senior Advocate that the Applicant has passed the order as quasi judicial matter and whether it is valid or not for availing any illegal gain or not, for that, there is nothing on record. Learned Senior Advocate for the Applicant has submitted that the present application may kindly be allowed.