DUX JITENDRABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service. Heard learned advocate for the applicant and learned APP for the respondent-State.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 (for short Cr.P.C .) in respect of the offences punishable under Sections 384 , 386 , 294B , 506(2) , 114 of the Indian Penal Code, under Section 25(1)(a) of the Arms Act and under Sections 40(1), 40(2), 42(a), 42(b) of the Gujarat Money Lenders Act for which FIR came to be registered at C.R. No.I-14 of 2017 with Palanpur (West) Police Station.

(3.) Earlier an application under Section 438 of Cr.P.C. was filed with the court below which was rejected. In this Court also similar application was filed that was rejected. The applicant approached the Hon'ble Supreme Court and it is common ground that while rejecting the application, the applicant was asked to surrender and for some time he was protected. The applicant did not surrender and filed the case in the trial court under Section 439 of Cr.P.C. which was rejected inter alia on the ground that for 439, a person must be in the custody of the court and since the applicant was not in the custody, the application under Section 439 would not lie. The petitioner moved this Court presuming himself to be in custody, but without surrendering himself. The application was rejected by this Court and then he approached the Hon'ble Supreme Court, there also he lost the case. It appears that in the meanwhile he had moved a petition for quashing the case against him under Section 482 of Cr.P.C. which was withdrawn. Charge-sheet came to be filed against him on 07.05.2018 and post charge-sheet this is the first bail application of the petitioner under Section 439 of Cr.P.C.