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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 ..... ail) NO. 21022 of 2017 - - - Dated:- 25-1-2018 - SMT. ABHILASHA KUMARI, J. For The Applicant : Mr Nd Nanavaty, Senior Advocate With Mr Jaivik Bhatt And Yash Nanavaty, Advocates For Nanavaty Advocates, Advocate For The Respondent : Mr Hardik Soni, Additional Public Prosecutor ORAL ORDER 1. Rule. Mr.Hardik Soni, learned Additional Public Prosecutor, waives service of notice of Rule for the respondent State of Gujarat. 2. The present application for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppear before the concerned Investigating Officer on 17.01.2018 for the interrogation and recording of evidence. It was, however, directed that the Investigating Officer would not arrest the applicant till the next date of hearing. The application was listed on 19.01.2018, on which date, the interim relief granted earlier was continued upto 25.01.2018. 4. Mr.N.D. Nanavaty, learned Senior Counsel for the applicant, has submitted that the custodial interrogation of the applicant is not required. The Investigating Agency has collected all documents. 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 befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application may be rejected. 6. This Court has heard learned Senior Counsel for the applicant and learned Additional Public Prosecutor, perused the averments made in the application and the record annexed thereto. 7. This Court has also gone through the judgment in the case of Siddhram Satlingappa Mhetre Vs. State of Maharashtra And Other (supra) wherein the Supreme Court has held as below: 111. No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. We are clearly of the view that no attempt should be 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In any case, the applicant has already presented himself before the Investigating Agency on 17.01.2018 and is ready and willing to do so on any subsequent date and any future dates, as directed by the said Agency. The applicant is ready to cooperate with the Investigating Agency and provide further documents, if available with him. 9. The Court is aware that the present is a successive application for anticipatory bail. The change in circumstance that has occurred is the pronouncement of the judgment of the Supreme Court in the case of Siddhram Satlingappa Mhetre Vs. State of Maharashtra And 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Magistrate would decide it on merits; 12. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted and the power of the learned Magistrate to consider such a request in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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