This application under Section 439(2) of the Criminal Procedure Code, 1973 (in short 'the Code') challenges the order dated 02.01.2012 passed by the learned 2nd Additional District and Sessions Judge, Bhavnagar in exercise of powers under Section 438 of the Code for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code in a case of an accused having a permanent residence and ready to co-operate with the investigation by imposing suitable conditions is within the parameters of Section 438 of the Code.
In view of the above, the powers exercised by the Court below keeping in mind the law laid down by the Apex Court in Siddharam Stalingappa Mhetre v. State of Maharashtra & Ors. reported in [2011]1 SCC 694 do not require any interference.
In absence of any errors, no case is made out to exercise powers under Section 439(2) of the Code. Hence, the application is devoid of merits and stands rejected. Notice discharged.
Sd/-
(Anant S. Dave, J.) Caroline Top