BIJAL JAYESHBHAI MEHTA 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 will not be having any right or he will not claim any right over the disputed land and it is also submitted by learned advocate for the applicant that the applicant is ready and willing to file an undertaking to that effect before the trial Court. 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 and learned advocate Mr.Karan Vyas for the original complainant have vehemently opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned advocate Mr.Karan Vyas also submitted that the applicant is a master mind in this case and is having criminal antecedent.