GHANSHYAM BABUBHAI GABANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Neeraj Soni, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondentState.

(2.) BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as CR No. I10 of 2013 before Kamrej Police Station, Surat for the offences punishable under Section 379 of the Indian Penal Code, Rules 3, 5, 6, 8 of the Prevention of Illegal Mining, Transportation and Storage Rules, 2005 and Rule 71 of the G.M.M.C.R 2010

(3.) HAVING heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. 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 reiterated the law laid down by the Constitutional Bench in the the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.