1.0. Present application has been preferred by the applicant- original accused no.2 to quash and set aside the impugned FIR being CR-I-No. 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 P. P. Majmudar, learned advocate for the applicant seeks permission to withdraw the present application. However, has requested to reserve the liberty in favour of applicant to submit the appropriate application before the concerned Magistrate for discharge, in case, after investigation is concluded, he is charge sheeted. He has also requested to continue the ad-interim relief so as to applicant to approach the concerned Court for anticipatory bail / regular bail.
3.0. In view of the above and without further expressing anything on merits, present application is dismissed as withdrawn with above liberty. It is observed that, in case, after the investigation is concluded, the applicant is charge sheeted, it will always be open for the applicant to submit an appropriate application before the concerned Magistrate for discharge and as and when such application is 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 applicant may not be arrested by the concerned Investigating Officer upto 25.1.2010 so as to enable the applicant to approach the concerned Court for anticipatory bail/ regular bail. However, it is observed that concerned Magistrate / Court to consider application 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. Ad-interim relief granted earlier, stands vacated forthwith.
(M.R.SHAH, J.) kaushik Top