BHALABHAI JIVABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being M. Case No.I-3 of 2013 registered with Radhanpur Police Station, District: Patan, for the offences punishable under Sections 420, 468 and 114 of the Indian Penal Code.

(2.) HEARD Mr.J.M.Panchal, learned advocate appearing on behalf of the applicant, Ms.Archana Acharya, learned advocate appearing on behalf of the original complainant and Mr.L.B.Dabhi, learned Additional Public Prosecutor appearing on behalf of the respondent-State of Gujarat and perused an Affidavit-in-reply filed by the original complainant and papers of investigation.

(3.) THE applicant had filed an application for anticipatory bail u/s.438 of the Code of Criminal Procedure being Criminal Misc.Application No.5951 of 2013 before this Court, which was dismissed by this Court vide order dated 16/04/2013. Thereafter, the applicant had preferred Special Leave to Appeal (Cri.) No.4066 of 2013 before the Hon'ble Apex Court, which was also dismissed by the Hon'ble Apex Court on 10/05/2013. Thereafter, the applicant surrendered before the Investigating Agency on 20/05/2013. He is in Judicial custody since then. The applicant filed an application for regular bail u/s.439 of the Code of Criminal Procedure, before learned Additional Sessions Judge, Patan, prayed to release him on bail during the pendency of the trial, being Criminal Misc. Application No.293 of 2013. Learned Additional Sessions Judge, Patan dismissed the said application for regular bail vide judgement and order dated 15/06/2013. Hence, the present application is filed by the applicant for regular bail u/s.439 of the Code of Criminal Procedure.