JUDGMENT 1. - Heard learned counsel for the parties.This is an application for grant of anticipatory bail in a case registered against the accused-petitioner in Gujarat vide F.I.R. No. 4/92 of police station Khambat City, for offences under Ss. 342, 394, 506(2) and 323 IPC. 2. Briefly stating the allegations in the report are that the accused Jayanti bhai, Shashikant Hirabhai Patel and Ashok Purshottam went to the residence of the complainant Rajesh Sunderlal Patel at 1.30 in the night of 13-12-91 in a Maruti Van. He was called outside saying that the parties have come from Jaipur and they went to talk about the articles, hence he should get ready and come along and with them. He therefore, accompanied them in the car which went towards Sokhada road. On his asking as to where they were taking him, he was told that he is being taken to the factory. They took him to a pump house in a field where the other accused including the petitioners were present and the 8 accused started beating him with electric wire and sticks, as a result of which he sustained several injuries. They wanted him to confess about the articles of one Ashok. It was further alleged that they had removed valuable ornaments from his body, such as golden chain, Ring, Wrist Watch etc. including a cash of Rs. 3750/-. Hirabhai threatened him with knife and told him that he should not talk about it to anyone. It is on these allegations that a case has been registered and accused are wanted in the said case. 3. The accused-petitioners have moved this application stating that they are respectable business men of Jaipur. Their case is that the complainant Rajesh Sunderlal Patel and one Ashok Purshottam are Commission Agents. They were taking precious stones like emerald, Nageenas etc. from the Gaddi of the petitioners at Jaipur for selling to other parties and for such sales they get their commission from the petitioners. Ashok had taken several precious stones from petitioner Nos. 2 to 4 and delivered them to Rajesh who sold them but did not remit the amount to the petitioners and thus committed breach of trust and thus defalcation, suspecting that the petitioners would get the case registered against them, he made a fictitious story in order to grave the entire sale-proceeds of the precious stones. 2 to 4 and delivered them to Rajesh who sold them but did not remit the amount to the petitioners and thus committed breach of trust and thus defalcation, suspecting that the petitioners would get the case registered against them, he made a fictitious story in order to grave the entire sale-proceeds of the precious stones. The petitioners therefore, have prayed that anticipatory bail may be granted to them. 4. It may be observed that this case relates to the police station Khambat which is in District Kheda South Anand which is in State of Gujarat and, therefore, either the court of learned Sessions Judge of the concerned District or their Lordships of the Gujarat High Court have the jurisdiction to issue directions under S. 438 Cr.P.C. However, this court can, in exceptional cases, safeguard the rights of the accused and provide them an opportunity to obtain order from the competent court in case it is satisfied that there may be chances that process of criminal law has been abused and there is every likelihood of the grant of application under S. 438 Cr.P.C. 5. I have gone through the complainant and the documents placed before me and taking into consideration that the petitioners are respectable business-men dealing in sale of precious stones having their Gaddi in Jaipur and permanent residents, coupled with the fact that genesis of the story has been withheld in the FIR, I deem it proper that rights of the petitioners be safeguarded by granting them interim bail till they approach the court of competent jurisdiction for the relief they claimed. I would therefore, looking to the facts and circumstances of the case, direct the petitioners that they shall make themselves available for interrogation before the investigating officer investigating into the case of police station, Khambat City who, in turn, is directed not to arrest the petitioners for a period of three weeks which time is granted to the petitioners to enable them to obtain an order in this respect from the court of competent jurisdiction in Gujarat. The petitioners in the meanwhile are sought to be arrested within the aforesaid period in the aforesaid case by the police of Gujarat or Rajasthan, they shall be released on bail on their executing a personal bond in the sum of Rs. 2000/- each with one surety in the like amount to the satisfaction of the investigating officer. The petitioners in the meanwhile are sought to be arrested within the aforesaid period in the aforesaid case by the police of Gujarat or Rajasthan, they shall be released on bail on their executing a personal bond in the sum of Rs. 2000/- each with one surety in the like amount to the satisfaction of the investigating officer. This order is co-terminus with the order which has to be passed by the learned Sessions Judge or the Hon'ble High Court of Gujarat and in any case shall not be effective for more than three weeks from today and bail, if granted under this order, shall also not last beyond the aforesaid period. During this period the petitioners shall not leave India and shall co-operate with the investigating officer, if so directed. *******