BHURABHAI KURSIBHAI RABARI 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 applicants submits that one of the co-accused has been released on anticipatory bail by the trial Court. Moreover, as far as the applicants no.2 and 3 are concerned, no names are mentioned in the application and as far as the applicant no.1 is concerned, the only role attributed to him is regarding abetment. Learned advocate for the applicants on instructions also states that the applicants are 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 applicants- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicants, the applicants 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.