STATE OF GUJARAT Vs. BHAGWATI JAWAHARCHAND JAIN

JUDGEMENT

(1.) RULE . Learned advocate Mr. R.R. Marshall for learned advocate Ms. Shalini S. Mair waives service of notice of rule for the respondent

(2.) HEARD learned APP Ms. Jirga Jhaveri for the applicant - State and learned advocate Mr. R.R. Marshall for the respondent - accused.

(3.) ORIGINAL complainant is one police inspector Mr. R.D. Dabhi of ATS crime branch, Ahmedabad who had arrested Vasudevbhai Bhailalbhai Patel and Bimalkant Mohan Jahan near Rajpipla Chokdi when they were found with 30 fake currency notes of Rs. 500/ - each. During investigation the name of the respondent No. 2 herein has been cropped up and therefore he was also arrested for committing such offence under Sections 489(a),(b)(c) read with Section 120B of the Indian Penal Code on 29.12.2011 i.e. after 8 days of registration of complaint. After investigation, police has filed charge - sheet and the same was committed before the Sessions Court and thereby Sessions Case No. 68 of 2012 is pending against the respondent, who is shown as accused No. 7 in the charge - sheet. After his arrest respondent has preferred several bail applications, but all such bail applications are rejected both, by the Sessions Court as well by the High Court. Thereafter, respondent has preferred Special Leave Petition (Cri.) No. 4229 of 2014 before the Honourable Apex Court but ultimately it was withdrawn by him. In between respondent was released temporarily for one month by this High Court but ultimately his last application for bail being Criminal Misc. Application No. 5228 of 2013 has been rejected by the High Court. It seems that thereafter, accused has filed Criminal Misc. Application 53 of 2013 before the Sessions Court under Section 439 of the Code of Criminal Procedure for releasing him on bail. By impugned judgment and order dated 29.10.2013 such application was allowed and respondent was released on bail. Therefore, investigating agency - State has preferred this application to cancel such bail.