BHAVESHKUMAR HARKISHANDAS KAMDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant herein has prayed for grant of bail in connection with offence registered by Police Sub Inspector, DCB Rajkot City Police Station upon station diary entry No.32 of 2006 registered with Rajkot City "A" Division Police Station.

(2.) According to the police report, the applicant has committed offence of cheating and fraud in Buffalo District of U.S.A., and he has been convicted therein and the District Court of New York, Buffalo has issued a warrant of arrest and consequently a red corner notice was issued on 58.2006 and the applicant is shown as absconding. A. The applicant was arrested by Sub Inspector, DCB Rajkot City, upon a station diary entry No.32 of 2006 registered with Rajkot City "A" Division Police station under selection 41(l)(g) of the Code of Criminal Procedure. In view of the red corner notice and a fax message from CID Crime and Railways, Gandhinagar, the applicant was kept under custody of the Judicial Magistrate, First Class, Rajkot City until the authorized officer of the USA Government issuing red corner notice does not take custody of the applicant under section 7(4) of the Extradition Act, 1962.

(3.) The applicant had preferred an application for bail before Judicial Magistrate (First Class), Rajkot on 5th August 2006 which came to be rejected by order dated 7th August 2006.A. The applicant thereafter preferred Criminal Misc. Application No.442 of 2006 before the Additional Sessions Judge, 2nd Fast track Court at Rajkot, which also came to be rejected by order dated 10th August 2006. Thereafter the applicant has preferred the present application.