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2002 Supreme(MP) 54

M.B.SHAH, D.M.DHARMADHIKARI
Sunderbhai Ambalal Desai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Ujwal Kumar Jha for petitioner; S.K. Dholakia for State.

JUDGMENT

In these two petitions filed by the Police Inspectors serving the Gujarat State, it has been contended that prosecuting agency has no light to ask for remand of petitioners (accused) for the purpose of collecting evidence and the application moved for remand of the petitioners (accused) was unjustified because anticipatory bail was granted to them.


It is the prosecution version, as per the FIR lodged on 7.2.2002 by the Assistant Commissioner of Police. 'D' Division, Surat that petitioners and other police personnel are involved in offences punishable under sections 429,420,465,468,477 A and 114, IPC. It is alleged that when they were working at various police stations, they have committed offences during the period from 20.2.1992 to 23.11.2001 by replacement of muddamal articles including golden ornaments by other spurious articles, misappropriation of the amount which was kept at the police station, unauthorised auction of the property which was seized and kept in the police custody pending trial and tampering with the records or police station. The High Court by its judgment and order dated 20.6.2002 rejected the application against the order passed by the trial Court
























































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