STATE OF GUJARAT Vs. GOVINDLAL MANILAL SHAH

JUDGEMENT

(1.) The State of Gujarat has filed this Revision Application against the orders passed by the Sessions Judge Banaskantha at Palanpur on 11th March 1965 whereby the learned Sessions Judge released the opponent Govindlal Manilal Shah of Deesa on bail in anticipation of his arrest. The opponent Govindlal had preferred an application being Misc. Application No. 5/65 before the learned Sessions Judge Banaskantha at Palanpur for releasing him on bail on the ground that one Popatlal Tokarshi had given a complaint against him to the police for the offence punishable under sec. 5(2) of the Prevention of Corruption Act and as after completing the investigation the police authorities had obtained sanction of the Government to prosecute him for the said offence. He had therefore preferred an application for releasing him on bail in anticipation of his arrest. The learned Sessions Judge held that in view of the amendment made in sec. 497 by adding the words suspected of commission of the powers to release on bail had been enlarged and such anticipatory bail could be legally granted. Accordingly the learned Sessions Judge had released the opponent Govindlal Manilal Shah on bail on his executing a bond for Rs. 1000/and on furnishing one solvent surety for the like amount in anticipation of any warrant that may be issued against him.

(2.) The State has challenged the said order in the present revision petition.

(3.) At the hearing as nobody appeared for the opponent I had requested Advocate Mr. D. C. Trivedi to appear as amicus curiae and I am very much beholden to him for his valuable assistance rendered in this case.