(1.) Mr.Sunit Shah, learned Senior Advocate appearing with Mr.Pinakin Raval, learned advocate appearing on behalf of the applicants does not press this application qua applicant No.2 - Jigarbhai Pravinbhai Mistry. Hence, this application is disposed of as not pressed qua applicant No.2.
(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, applicant No.1 - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I- 12 of 2019 registered with Gondal City Police Station, Rajkot, for the offences punishable under Sections 406, 420, 120(b), 34, etc. of the Indian Penal Code.
(3.) Mr.Sunit Shah, learned Senior Advocate appearing for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, applicant No.1 is available during the course of investigation and will not flee from justice. In view of the above, applicant No.1 may be granted anticipatory bail. Learned advocate for the applicants on instructions states that applicant No.1 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.