DUX JITENDRABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has sought bail in respect of the offences registered against him under IC. R.No. 14 of 2017 with Palanpur (West) Police Station alleging offences punishable under Sections 384, 386, 294B, 506(2) and 114 of the Indian Penal Code (for short "IPC") read with section 25(1)(a) of the Arms Act, read with Section 40(1), 40(2), 42(a) and 42(b) of the Gujarat Money Lenders Act, 2011. The offences are alleged to have been committed between 15.11.2014 and 20.11.2014 and the FIR is lodged on 01.02.2017.

(2.) Anticipating the arrest, the applicant had earlier moved an application under section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") in the Court of learned 5th Additional Sessions Judge, Palanpur bearing Criminal Case No.106 of 2017 which was declined by order dated 01.03.2017. The applicant also moved this Court with Criminal Misc. Application No.6807 of 2017 invoking section 438 of Cr.P.C., 1973 and the anticipatory bail was declined by this Court by order dated 10.04.2017, which was assailed by the applicant in S.L.P. No.3890 of 2017, wherein, the Hon'ble Supreme Court passed an order on 04.05.2017, which reads as under:

(3.) It is apparent from the above referred facts that application for anticipatory bail moved by the petitioner failed eventually with the above referred order of the Hon'ble Supreme Court. Therefore, now other option available to the applicant was under section 439 of the Cr.P.C., 1973 It is material to note at this stage that the above referred order of the Hon'ble Supreme Court would indicate that the applicant was required to be arrested for a period of four weeks from the date of order i.e. 04.05.2017. The period of four weeks thus would expire on 01.06.2017.