MOHD RAFIQ GULAMNABI MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantaccused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at CR No. I16 of 2012 before D.C.B. Police Station, Surat City at Surat, for the offenses punishable under Sections 363, 366, 506(2) and 114 of the Indian Penal Code.

(2.) HEARD learned Advocate Mr. A.Y. Kogje, for the applicant and Mr. N.B. Soni, learned APP for the respondent ­ State.

(3.) HAVING heard the learned counsel for the parties and considering the overall aspects of the matter and without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court has reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.