PATEL SUKETUBHAI NARANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Keval Brahmbhatt appearing for learned Advocate Mr.Pravin Gondaliya appearing on behalf of the applicant, learned Additional Public Prosecutor Mr.Dabhi on behalf of the respondent-State, and learned Advocate Mr.P.P. Majmudar appearing with learned Advocate Mr.Mukund Thakkar for the First Informant.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No. 11197014220339 of 2022 registered with Dabhoi Police Station, District Vadodara (Rural), on 14/2/2022 for offences punishable under Ss. 406 , 420 , 409 , 467, 468, 120B and 34 of the Indian Penal Code .

(3.) Learned Advocate Mr.Brahmbhatt, at the outset, would submit that as per the voluntary statement made by the learned Advocate on behalf of the present applicant, as recorded vide order dtd. 9/9/2022, the applicant has deposited an amount of Rs.2,85,000.00 with the learned Sessions Court, without prejudice to the rights and contentions of the present applicant, the said amount being the alleged share of the present applicant in the fraud concerned. Learned Advocate Mr.Brahmbhatt for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned Advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. Learned Advocate would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.