The Gujarat High Court granted anticipatory bail to public servant arrested under Prevention of Corruption on no need of custodial interrogation.
By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant – accused, Jitendrakumar Ramjibhai Detroja, has prayed for anticipatory bail in connection with the FIR for the offences punishable under Sections 7, 8, 10, 12, 13(1)(C)(D) and 13(2) etc. of the Prevention of Corruption Act and under Section 120(B) of the IPC.
Advocate for the applicant submitted that the nature of allegations is such for which custodial interrogation at this stage is not necessary and further submitted that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
Advocate for the applicant on instructions stated that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand.
The Counsel further submitted that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open and therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
A Single Bench of Justice Nirzar S Desai observed that “Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.”
The Court further noted that the anticipatory bail was granted takin into consideration the facts and circumstances of the present case and since the custodial interrogation of the applicant is not required.
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