VARSHABEN NARENDRABHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for anticipatory bail in connection with the FIR being C.R. No.I-127 of 2018 registered with Rajkot Taluka Police Station, District Rajkot City for the offenses punishable under Sections 193 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code.

(2.) Learned senior advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicants will keep themselves available during the course of investigation, trial also and will not flee from justice.

(3.) Learned senior 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 further submits 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. Learned advocate, therefore, submitted that considering the above facts, the applicants may be granted anticipatory bail. Learned senior advocate Mr.Panchal for the applicants has specifically contended that the applicant no.1 is suffering from breast cancer and during the course of hearing, has produced on record the medical papers as well as the consent decree.