MAHESHBHAI MELABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the alleged offence and he has no past antecedent. The role attributed to the applicant is that, he stood as a witness in the pedigree forged by accused Nos.1 and 2. Except this, no overt act has been attributed to the applicant. Further, he is ready and willing to cooperate in the investigation and no custodial interrogation at this stage is necessary. Besides, the presence of the applicant can be secured and as such, there is no possibility of absconding. In view of the above, he prays that the applicant may be granted anticipatory bail.

(3.) Per contra, learned Additional Public Prosecutor appearing on behalf of the respondent - State has vehemently opposed the application for anticipatory bail looking to the nature and gravity of the offence. He has submitted that the investigation is at preliminary stage and the applicant is named in FIR. It is submitted that the applicant was well aware about the fact, however he has signed the pedigree wherein it is mentioned that late Bhathibhai Mangalbhai Parmar has no legal heirs. It is alleged that the applicant has abetted and conspired in relinquishing the right of the complainant. Therefore, to surface the truth, custodial interrogation is required. Hence, the present application does not deserve any consideration and the same is required to be rejected outright.