YAZDI DARABSHA ICCHAPORIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, this Court would like to refer relevant obseervations made by the Apex Court in case of POKAR RAM V. STATE OF RAJASTHAN reported in 1985 SC 969 which reads as under :

(2.) Heard Mr.H.B.Shethna on behalf of the petitioner and learned APP Mr.N.D.Gohil appearing on behalf of the respondent - State. Rule. Learned APP Mr.N.D.Gohil waives service of Rule on behalf of the respondent - State.

(3.) In the present petition, the petitioner has challenged the order passed in Criminal Misc. Application No.52 / 2003 by the Additional Sessions Judge, Surat rejecting the anticipatory bail application preferred by the petitioner and prayed for grant of anticipatory bail in favour of the present petitioner. It transpires that a complaint being First Information Report is lodged with Rander Police Station of Surat District by Ramsinh Hirabhai Rajput, Secretary of the South Gujarat University and the same is registered with Rander Police Station being C.R.No.I-319 / 2002 against one Rahul Vinubhai Patel for the offence punishable under Sections 465, 468, 471 and 114 of IPC. Accordingly, offence has been registered against one Rahul Vinubhai Patel on 23rd December, 2002 and he was arrested on 4th January, 2003. After arrest of said Rahul Vinubhai Patel, during the course of interrogation by the police authority, he disclosed the name of one Sandeep Ganpatbhai Patel, who was also arrested on 4th January, 2003. Thereafter, said Sandeep Ganpatbhai Patel was interrogated by the police authority who, in turn, disclosed the name of the present petitioner. As revealed, the offence is to produce fake and fabricated marksheet before the Navyug Commerce College by said Rahul Vinubhai Patel and in such offence, one Sandeep Ganpatbhai Patel as disclosed by the first accused and the present petitioner is also said to have been involved as per the statement given by one Sandeep Ganpatbhai Patel.