JIVANBHAI LALBHAI RAJGOR 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 offence occurred between 01.08.2016 to 31.10.2018 for which the FIR was lodged on 15.01.2021. It is submitted that the applicant had availed loan for purchasing a vehicle of Rs.38,85,000/- out of which he has paid Rs.22,23,208/- and the applicant is ready and willing to pay the outstanding amount without prejudice to the rights and contentions of the applicant. It is a commercial transaction which is given a colour of criminal case. 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 applicantaccused 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.