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TMI Blog2018 (1) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... ocedure, 1973 ('the Code' for short), has been preferred by the applicant in connection with FIR being C.R. No.II382 of 2008 registered with 'A' Division Police Station, Bhavnagar, on 02.12.2008, for the offence punishable under Section 85(2)(C) of the Gujarat Value Added Tax Act, 2003 ('VAT Act' for short) and Section 409 of the Indian Penal Code, 1860 (IPC), added on the report of the Investigating Officer dated 12.01.2009. 3. The present is a successive application for anticipatory bail. Earlier, the applicant had preferred Criminal Misc. Application No.843 of 2009 that was rejected by an order dated 11.02.2009, passed by this Court. After the rejection of the said application, the applicant had preferred a petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. If required, the applicant is ready and willing to provide further documents, if they are available in case he is called upon to do so by the Investigating Agency. The applicant has appeared before the Investigating Officer on 17.01.2018 and he is ready to appear as and when he is called. He would cooperate with the Investigating Officer and, as his arrest is not imperative, in view of the principles of law laid down by the Supreme Court in the case of Siddhram Satlingappa Mhetre Vs. State of Maharashtra And Other reported in (2011) 1 SCC 694, the prayer made in the present application may be granted. 4.1 Learned Senior Counsel further submits that on the date when the earlier application preferred by the applicant for grant of anticip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made to provide rigid and inflexible guidelines in this respect because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail. In consonance with the legislative intention the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of each case. As aptly observed in the Constitution Bench decision in Sibbia case that the High Court or the Court of Session has to exercise their jurisdiction under Section 438 CrPC by a wise and careful use of their discretion which by their long training and experience they are ideally suited to do. In any event, this is the legislative mandate which we are bound to respect and honour. 112. *** **** **** ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Other (supra), which clearly lays down the law regarding the ambit and scope of Section 438 of the Code. 10. In view of the above facts and circumstances, as the applicant is already cooperating with the Investigating Agency, this Court considers it appropriate to grant the prayers made in the application. 11. Hence, the following order: The application is allowed. In the event that the applicant is arrested pursuant to FIR being C.R. No.II382 of 2008 registered with 'A' Division Police Station on 02.11.2008, he shall be released on anticipatory bail on furnishing a personal bond of Rs. 10,000/( Rupees Ten Thousand only) with one surety of the like amount on the following conditions: (a) The applicant shall cooperate with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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