FAIROZKHAN ABDULLA DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for anticipatory bail under the provisions of section 438 of the Code of Criminal Procedure. In respect of an alleged offence under section 408 of the Penal Code committed in early 1977, a complaint has been filed against the petitioner herein with the Malad Police Station on 13th July, 1979 being Crime Register No. 359 of 1979.

(2.) The petitioner is represented by the learned Advocate Mr. P.D. Kamerkar. The State appears through its learned Public Prosecutor Mr. K.H. Chopra.

(3.) The learned Public Prosecutor initially sought to oppose the grant of anticipatory bail but later on stated that the State would have no objection to the grant of anticipatory bail, provided appropriate terms and conditions are laid down in that behalf. Mr. Kamerkar, the learned Advocate for the petitioner, agreed to abide by such terms and conditions as this Court may deem fit to impose in the aforesaid behalf. Even apart from the concession by the learned Public Prosecutor on the question of grant of anticipatory bail, I am of the view that this indeed is a fit case for the exercise of powers under section 438 of the Code of Criminal Procedure. This does not appear to be a case where the actual physical custody or detention of the accused can be said to be essential for the purposes of investigation. This is not a case where the liberty of the accused need be restrained in the aforesaid manner. Investigation can proceed in a case such as this even without the physical custody of the accused. In these circumstances, I am even on merits inclined to grant this application, though, of course, subject to conditions.