BHARATBHAI SOMABHAI PATNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure, 1973, at the instance of an accused, for anticipatory bail in connection with the offence registered by the A.C.B. Police Station, Himmatnagar being I-C.R. No.10 of 2016 for the offence punishable under Section 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act, 1988").

(2.) Having regard to the fact that the F.I.R. is of the year 2016, I inquired with the learned counsel appearing for the applicant as to why this application has been filed after a period of two years. The learned counsel replied that, in fact, in the past, the applicant had preferred the Criminal Miscellaneous Application No.35151 of 2016 for anticipatory bail, but the said application, ultimately, came to be dismissed for nonprosecution, as the office objections, which were raised by the Registry, could not be removed. In such circumstances, according to the learned counsel appearing for the applicant, the present application has been filed.

(3.) I also inquired with the learned A.P.P. as to why the applicant has not been arrested till this date. The learned A.P.P. replied that, after the registration of the F.I.R., the investigation was undertaken and the applicant was summoned for the purpose of providing his voice sample for the Voice Spectrography Test. The applicant did provide his voice sample and the report of the Forensic Science Laboratory as regards the Voice Spectrography Test has been received just few days back. The learned A.P.P. further submitted that the report of the Forensic Science Laboratory as regards the Voice Spectrography Test is concerned, is 'positive'. According to the report of the Forensic Science Laboratory, the voice sample of the applicant matches with the tape recorded telephonic conversation between the applicant and the original complainant.