RAMESHBHAI LACHHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 C.R. No. I - 129 of 2017 with Dungra Police Station, Valsad for the offenses punishable under Sections 403 and 406 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the applicant is Sarpanch of Village: Karamkhal and he has taken permission from the concerned forest authority for cutting the trees after resolution came to be passed in the general body of the Village Pancayat. It is further submitted that the applicant is facing an allegation that he got the trees cut unauthorizedly and the amount, which was recovered out of the sale proceeds, is not deposited with the concerned Taluka Panchayat, and thereby, he has misappropriated the said amount. Learned advocate for the applicant, upon instructions, states that the applicant is ready and willing to deposit Rs.1,73,600/- before the concerned Taluka Panchayat on or before 31.03.2018 without prejudice to his rights and contentions. It is further submitted that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. 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. In view of the above, the applicant may be granted anticipatory bail

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.