Mudresh Purohit S/O Jitendra ... vs State Of Gujarat
2022 Latest Caselaw 4197 Guj

     R/CR.MA/22797/2021                            ORDER DATED: 18/04/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22797 of 2021
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                 MUDRESH PUROHIT S/O JITENDRA PUROHIT
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR R.S.SANJANWALA, SENIOR ADVOCATE with
MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1
MR.L.B.DABHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                  Date : 18/04/2022
                   ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I- 11209041211735 of 2021 registered with Prantij Police Station, District Sabarkantha for the offences under Sections 406, 409, 420 and 120B of the Indian Penal Code, 1860.

2. At the outset, learned Additional Public Prosecutor Mr.Dabhi, while placing reliance on the judgment in the case of Rameshbhai lallubhai versus Devraj Bhalabhai, 1987 (2) GLH 543, has submitted that this application is not maintainable as the applicant has to approach the Sessions Court first and he has not shown any extraordinary or exceptional circumstances for filing the present application directly before this Court.

3. This Court, vide order dated 22.12.2021, has considered the aforesaid issue and issued Rule granting interim protection in favour of the applicant.

R/CR.MA/22797/2021 ORDER DATED: 18/04/2022

4. Learned Senior Advocate Mr.Sanjanwala has submitted that the applicant has fully co-operated with the investigation and he has also remained present before the Investigating Officer, as and when, he was called for. He has further submitted that charge-sheet is already filed on 09.03.2022 and has further submitted that in fact, the entire investigation does not in any manner reveal complexity of the present applicant. Learned Additional Public Prosecutor, on instructions of the Investigating Officer Mr.V.B.Patel (PSI), who is present before this Court, has submitted that as of now, the investigation does not reveal that the applicant is anywhere involved in the offence.

5. Under the circumstances, the application is disposed of with an observation that if the investigating officer(s) in any manner or subsequently finds that the custodial interrogation of the applicant is necessary, 10 days time shall be given to the present applicant in order to avail the remedy before the Sessions Court, seeking bail under the provisions of Section 438 of the Code of Criminal Procedure, 1973.

6. With these observations, the present application is disposed of accordingly. Rule is discharged.

(A. S. SUPEHIA, J) MAHESH BHATI/61