IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(@ Special Leave Petition (Crl.) No. 1611/2024 )
DEEPAKBHAI KHANABHAI VANKAR (PARMAR) …APPELLANT(S)
VERSUS
THE STATE OF GUJARAT .RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the order dated 06.12.2023 passed by the High Court of Gujarat at Ahmedabad in R/CRMA No.21577 of 2023.
The appellant and some other persons have been booked for commission of offences under Sections 457/380/120-B/34 of the Indian Penal Code, 1860 (IPC), pursuant to FIR No.11187001230348 dated 13.11.2023 lodged with Police Station Bakor, District Mahisagar.
Apprehending arrest in connection with the said crime, the appellant preferred the aforesaid application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (for short, `the Code). Said application for anticipatory bail having been rejected, the instant appeal has been preferred.

By order dated 05.02.2024, the following order was passed by this Court:
Issue notice to the respondent, returnable on 07.03.2024.
Learned counsel for the petitioner is permitted to serve the standing counsel for the
respondent/State.
Till the next date of hearing, no coercive steps shall be taken as against the petitioner
herein.
We have heard learned counsel in support of the petition and learned counsel for the State.
During the course of submissions, learned counsel for the appellant submitted that the appellants vehicle was involved only in the transportation of the goods ( Muddamal ) kept in the Mahila Police Station lock up; that he was not a co- conspirator along with other five accused.
Per contra, learned counsel appearing for the respondent/State submitted that the appellant was in fact involved in the transportation of the goods and also this fact is evident on perusal of the CCTV footage. These are the aspects which are to be established during the course of trial.
However, prima facie, we find that the appellant herein only made available his vehicle for
transportation of the stolen goods. Further, the
other accused are already on bail (regular bail).

Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 438 of the Code.

We, therefore, allow this appeal, set-aside the order passed by the High Court and make the above order dated 05.02.2024 absolute. We direct that in the event of his arrest, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in
the sum of Rs.25,000/- (Rupees Twenty Five Thousands Only) with two like sureties.

It is directed that the appellant shall extend complete cooperation in the trial.
The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
With the aforesaid directions, the criminal appeal is allowed.
J.
[ B.V. NAGARATHNA ]
J.
[ AUGUSTINE GEORGE MASIH ]
NEW DELHI
MARCH 07, 2024

ITEM NO.2 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1611/2024
(Arising out of impugned final judgment and order dated 06-12-2023 in R/CRMA No. 21577/2023 passed by the High Court Of Gujarat at Ahmedabad)
DEEPAKBHAI KHANABHAI VANKAR (PARMAR) Petitioner(s)
VERSUS
THE STATE OF GUJARAT Respondent(s)
(FOR ADMISSION and I.R. and IA No.26850/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.26853/2024-EXEMPTION FROM FILING O.T. )

Date : 07-03-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Petitioner(s) Ms. Nidhi Barot, Adv.
Ms. Reetu Sharma, AOR
Mr. Tushar Swami, Adv.

For Respondent(s) Ms. Deepanwita Priyanka, Adv.
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The present Appeal is allowed in terms of the signed order.
In the event of arrest, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty Five Thousands Only) with two like sureties.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (MALEKAR NAGARAJ)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)