Apart from other grounds, it was highlighted that when a petition was pending before the High Court for quashment of the First Information Report and a stay order had been passed pertaining to further investigation, the detention was illegal and hence, the accused was entitled to be admitted to bail.
The learned Sessions Judge rejected the prayer for grant of interim bail and fixed the main application for hearing on 24.7.2012.
Being aggrieved by the aforesaid order, the accused preferred Criminal Miscellaneous Application No.
The police prayed for remand of the accused to police custody which was granted by the learned Magistrate upto 2.00 p.m. on 19.7.2012.
Dealing with the order passed by the High Court, he observed that the order passed by the Honble High Court pertained to stay of further investigation although numberinvestigation was required to be carried out during judicial custody and, as the accused was involved in companymission of grievous offences, it would number be just to enlarge him on bail.
10303 of 2012 has been served on the Police authority on 17/07/2012 at 09.30 p.m. On the next day i.e. on 18/07/2012, the Investigating Officer seems to have informed learned JMFC about the stay granted by the High Court and has attended High Court in companynection with anticipatory bail application preferred by the petitioner.
Challenging the registration of the FIR and the investigation, the accused appellant hereinafter referred to as the accused preferred Criminal Miscellaneous Application No.
539 of 2012 in the Court of learned Sessions Judge, Gandhinagar and also prayed for grant of interim bail.
Thereafter, the order passed by this Court in CRMA No.
The exposition of facts reveals that the accused was arrested on 16.7.2012 and produced before the learned Judicial Magistrate First Class, Gandhinagar at 4.00 p.m. on 17.7.2012.
Dissatisfied with the aforesaid orders, the accused preferred a habeas companypus petition before the High Court of Gujarat forming the subject matter of Special Criminal Application No.
2207 of 2012.
I CR No.
56/12 registered at Pethapur Police Station on 20th of June, 2012 for offences punishable under Sections 467, 468, 471, 409 and 114 of the Indian Penal Code for short the IPC .
Dipak Misra, J. Leave granted.
The appellant was an accused in FIR No.
It is also number the case of the petitioner that after the service of order of stay, any other investigation has been carried by the Investigating Officer.
On 18.7.2012, it was brought to the numberice of the companycerned investigation agency about the stay order passed by the High Court on 17.7.2012 and prayer was made number to proceed further with the investigation in obedience to the order passed by the High Court.
The learned Magistrate dwelled upon the allegations made against the accused and declined to release him on bail regard being had to the nature of offences.
