NIRANJASINH JAYMALSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being ICR NO. 85 of 2016 registered with Buj City ADivision Police Station, Dist. Kachchh, for the offences punishable under Sections 465, 468, 471 and 114 of the Indian Penal Code.

(2.) Learned Advocate Mr. Brahmbhatt for the applicant submitted that the applicant is not alleged to have committed any offence as alleged in the FIR. He submitted that it is not alleged in the F.I.R that the ICard was issued by the applicant by forging signature of anybody. He further submitted that it is also not the case that the ICard alleged to have been issued to the applicant was misused by receiver of the ICard or by anyone else. He, therefore, urged to exercise discretion in favour of the applicant under Section 438 of the Code.

(3.) Learned APP Mr. Soni on the other hand submitted that the applicant is alleged to have issued false I Card to a person, who was declared unfit for the Army. He submitted that the applicant had served only 15 years in the Army and thereafter he left the job and he was not entitled to ICard from the competent authority of the Army and since the matter is at the investigation stage, the Court may not exercise the discretion in favour of the applicant under section 438 of the Code.