SHAKTIDAN MANHARDAN GADHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Vivek Mapara, learned advocate appearing for the applicant, has placed a xerox copy of an order dated 05.09.2018 passed by the learned 5th Additional Sessions Judge, Jamnagar in Criminal Application No. 1468 of 2018, by which, the present applicant has been granted anticipatory bail with regard to similar offences registered Prohibition C.R.No.140 of 2018 with Kalavad Rural Police Station.

(2.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(3.) 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 Prohibition C.R.No. III - 141 of 2018 with Kalavad Rural Police Station for the offences punishable under Sections 65(E), 98(2), 81 and 116(b) etc. of the Gujarat Prohibition Act,1949. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is necessary. Besides, the applicant is available during the course of investigation and will flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is 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 applicant accused to oppose such application on merits may be kept open.