AYUBBHAI IBRAHIMBHAI MANSIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Amin, learned Public Prosecutor waives service of Rule on behalf of the respondent - State of Gujarat.

(2.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered at C.R.No.I-80 of 2018 with Palanpur West Police Station, Banaskantha for the offences punishable under Sections 465, 467, 468, 471, 474, 477, 114 etc. of the Indian Penal Code.

(3.) Learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail. 3. 1. Mr.Dipen K. Dave, learned advocate for the applicants submits that the sale deed dated 6th April 2010 is with the applicant No.1 and he shall immediately produce with the Investigating Officer. He further submits that the original Power-of-Attorney is with Power-of-Attorney holder viz. Ruksanaben and that shall be also produced during the course of investigation through applicant No.1. 3. 2. Learned advocate for the applicants, on instructions, states that the applicants are 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 applicants accused to oppose such application on merits may be kept open.