MOHD RAFIQ GULAMNABI MALEK Vs. STATE OF GUJARAT
LAWS(GJH)-2013-6-43
HIGH COURT OF GUJARAT
Decided on June 14,2013

Mohd Rafiq Gulamnabi Malek Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA AND ORS. [REFERRED TO]


JUDGEMENT

- (1.)BY way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicantaccused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at CR No. I16 of 2012 before D.C.B. Police Station, Surat City at Surat, for the offenses punishable under Sections 363, 366, 506(2) and 114 of the Indian Penal Code.
(2.)HEARD learned Advocate Mr. A.Y. Kogje, for the applicant and Mr. N.B. Soni, learned APP for the respondent ­ State.
I have perused the investigation papers as well as the Order passed by the Hon'ble Apex Court in Criminal Appeal No. 588 of 2013 [Special Leave Petition (Cri) No. 1034 of 2013) on 15.4.2013. It is the case of the applicant that the daughter of the complainant and son of the present applicant have married and thereafter have filed a writ petition, being Special Criminal Application No.2823 of 2012 and requested to give them police protection since they have got married. Mr. Kogje, learned Advocate for the applicant has also placed reliance on the Order dated 11.12.2012 passed in Special Criminal Application No. 2823 of 2012 (Coram: Hon'ble Mr. Justice K.M. Thaker). In the aforesaid writ petition also, the say of the daughter of the complainant and the son of the present applicant is that they have now got married and ready to cooperate with the investigation.

(3.)HAVING heard the learned counsel for the parties and considering the overall aspects of the matter and without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court has reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.


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