Rule. Mr.S.A.Pandya, learned Addl. Public Prosecutor, waives service of rule for the respondent. In the facts of the case, the matter is finally heard today.
The petitioners have prayed for anticipatory bail under section 438 of the Code of Criminal Procedure in respect of a proposed complaint that may be filed against them on behalf of I.T.C. Classic Finance Limited for the offences either under section 406 or 420 read with section 114 of the Indian Penal Code. According to the petitioners, they have been so threatened as regards filing of the complaint by Mr.R.Handa, General Manager of ITC Classic Finance Limited. Mr.R.Handa is not a party in this application. In absence of any complaint lodged as yet, it is difficult to appreciate as to what would be the allegations or averments in the proposed complaint. Under the circumstances, the petitioners shall not be arrested in respect of the complaint for the offences under sec.406 or 420 read with section 114 of the Indian Penal Code, to be filed by or on behalf of ITC Classic Finance Limited, Bombay/Ahmedabad, against them, till 5.1.1997.Mr.B.S.Patel, learned Advocate appearing for the petitioners, states that he will file necessary application for regular bail in the appropriate Court, in event of lodging the complaint against the petitioners or any of them on behalf of ITC Classic Finance Ltd.
With the above direction, rule is discharged. Direct Service Permitted.
(D.G.Karia,J.) ***