ISMAILBHAI JESINGBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Maithili Mehta, learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1 - State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R. No. I - 42 of 2015 with Fatehgunj Police Station, Vadodara for the offences punishable under Sections 143, 147, 148, 447, 392, 427 and 506 (2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicants submits that the applicants were enlarged on anticipatory bail by the learned Sessions Court vide order dated 15.5.2015 passed in Criminal Misc. Application No.881 of 2015 by which the applicants were directed to remain present before the concerned Police Station on 19.5.2015. However, the applicants did not remain present before the concerned Police Station and hence, vide order dated 22.12.2015 passed by the learned Sessions Judge, the anticipatory bail granted to the applicants came to be cancelled. Learned advocate appearing for the applicants has submitted that the applicants were not explained about remaining present before the Police Station by concerned advocate and, therefore, they did not remain present. However, the applicants are ready to remain present before the concerned Police Station. In view of the above, the applicants may be granted anticipatory bail. Learned advocate for the applicants, on instructions, states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants accused to oppose such application on merits may be kept open.