SHANTILAL KHIMDAS SADHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No.I - 8 of 2015 with Bhuj City 'B' Division Police Station, District Kachchh, for the offences punishable under Sections 409, 465, 467, 468, 471, 201 and 120 -B of Indian Penal Code.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Having heard learned advocates for the parties and perused the papers of investigation including the statement of the principal accused, namely, Umang Hasmukhbhai Thakkar, who has been enlarged on regular bail after completion of investigation. I have also perused the order dated 13.10.2015 passed by this Court in Criminal Misc. Application No.17400 of 2015 releasing the similarly situated Clerk of the Bank on anticipatory bail. I have also perused the suspension order of the applicant wherein the allegations levelled against the present applicant by the Bank is with regard to negligence shown by him. Taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia and Ors., as reported at (1980) 2 SCC 665.