MAHESH MULJIBHAI 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 - 277 of 2013 with Navsari Rural Police Station, Navsari for the offenses punishable under Sections 419 , 465 , 467 , 468 and 471 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the FIR is false and fabricated FIR and came to be lodged after 23 years of the date of alleged incident. It is further submitted that the applicant has appeared before the concerned Investigating Officer on 04.01.2018 and now he is ready and willing to cooperate the concerned Investigating Officer in carrying out the further investigation. It is further submitted that the applicant is residing in U.S.A. along with the family since last 19 years. 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. It is further submitted that there is a prima facie case of forgery against the present applicant and the applicant has appeared before the concerned Investigating Officer, but has not extended the necessary cooperation which is required for the purpose of carrying out the further investigation.