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2001 Supreme(Guj) 199

C.K.BUCH
MOHMED SALIM ABDUL RASID SHAIKH – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.M.PANCHAL, N.D.GOHIL

C. K. BUCH, J.

( 1 ) ). RULE. Service of Rule is waived by learned A. P. P. Mr. N. D. Gohil for the respondent-State.

( 2 ) ). Heard learned Counsel Mr. J. M. Panchal for the applicant-accused. This application under Sec. 438 of Cr. P. C. is filed by the applicant-accused apprehending his arrest in connection with CR. No. I. 220/2000 of Aslali Police station registered on 29/30-12-2000 for the offence punishable under Sec. 302 i. P. C. , praying to release himon anticipatory bail in the event of his arrest.

( 3 ) ). Learned Counsel for the applicant has taken me through the nature of allegations made in the F. I. R. and other relevant aspects mentioned in the application and both the affidavits viz. affidavit filed by the Investigating Officer and affidavit-in-rejoinder filed by the applicant.

( 4 ) ). It is settled legal position that the grant of anticipatory bail stands on altogether a different footing than the grant of regular bail. When serious offence is registered against the accused and police intends to arrest such accused for such serious offence at the initial stage, even if Court feels that the apprehension of the arrest in the mind of the accused is reasonable, in that














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