KANHAIYALAL HARILAL RAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R. No. I-235 of 2016 registered with Varaccha Police Station, Surat City for offences punishable under Ss. 409, 406 and 420 of IPC.

(2.) Learned advocate Mr. Barot for the applicant submitted that the parties have arrived at a settlement in pursuance of which the wife of the applicant has also handed over cheques of the relevant amount to the complainant, which aspect is not disputed by the other side represented by learned advocate Mr. Parikh. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that the applicant is a resident of Rajasthan and the so-called settlement may not be taken into consideration in view of the gravity of offence. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.