1.0 All these applications have been preferred by the respective applicants original accused to quash and set aside the impugned FIR being CRINo. 2 of 2010 registered with the Meghraj Police Station, Sabarkantha for the offences punishable under Sections 408, 465, 467, 471 and 114 of the IPC.
2.0 Shri B.B. Naik, learned Senior Advocate for the applicant of Special Criminal Application Nos. 475 of 2010 and 756 of 2010 and Shri S.K. Patel, learned advocate for the application of Criminal Miscellaneous Application No.12296 of 2010 seeks permission to withdraw the present applications. However, have requested to reserve the liberty in favour of respective applicants to submit the appropriate application before the concerned Magistrate for discharge, in case, after investigation is concluded, they are charge sheeted. They have also requested to continue the ad interim relief so as to respective applicants to approach the concerned Court for anticipatory bail / regular bail.
3.0 In view of the above and without further expressing anything on merits, all these applications are dismissed as withdrawn with above liberty. It is observed that, in case, after the investigation is concluded, the applicants are charge sheeted, it will always be open for the applicants to submit an appropriate application/ applications before the concerned Magistrate for discharge and as and when such applications are made, same be considered in accordance with law and on merits and considering the material on record. In the facts and circumstance of the case, it is directed that the respective applicants may not be arrested by the concerned Investigating Officer upto 23.1.2010 so as to enable the applicant/ applicants to approach the concerned Court for anticipatory bail/ regular bail. However, it is observed that concerned Magistrate / Court to consider respective applications for anticipatory bail/ regular bail in accordance with law and on merits and without in any way influence by the present order of not to arrest the applicants upto 23.1.2012. Rule is discharged. Adinterim relief granted earlier, stands vacated forthwith.
kaushik sd/ (M.R.SHAH, J.)