RAJENDRA BHANUPRASAD YAGNIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsels for the parties. The matter being that of anticipatory bail under section 438 of Criminal Procedure Code, learned counsels have agreed for final disposal while making submissions, hence Rule. Rule is waived by learned counsel Shri. V.G. Popat and learned APP Shri. R.C. Kodekar, for original complainant and respondent State respectively and with their consent rule is fixed forthwith.

(2.) THE petitioners, police officers of the rank of Deputy Superintendent of Police and Head Constable respectively and who have been named as accused in C.R. No: I-1/2013 before the Crime Investigation Department (Crime), Gandhinagar Zone for the alleged offences under section 217, 218, 219, 221, 465, 468, 471 and 467 r/w section 120-B of Indian Penal Code and section 7, 13 (1) (a) (b) r/w section 13(2) of Prevention of Corruption Act 1988; have approached this Court invoking provisions of section 438 of Criminal Procedure Code, 1983 ('Code' for short) on the grounds mentioned in the memo of the petition.

(3.) LEARNED APP Shri Kodekar as well as Shri Popat for complainant were heard at length. The facts in brief leading to filing this petition deserve to be mentioned in order to appreciate the rival contentions in respect of the prayers made in the petition.