On the grounds of preserving public peace, the public prosecutor makes an argument against the applicant’s anticipatory bail. Gujarat High Court grants bail.
TITLE Bipinsinh Shivubha Zala Versus State of Gujarat
Decided On September 1, 2023
15480 of 2023
CORAM: Hon’ble Justice Mr. Hasmukh
INTRODUCTION- The applicant accused requested for himself to be released on anticipatory bail in the event of his arrest for offences punishable by Sections 307, 326, 323, 504, 506(2), and 114 of the Penal Code, 1860, as well as Section 135 of the GP Act through this application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that because of the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. An expert defence attorney claims that the current applicant is innocent and that he did not actively participate in the incident. According to the argument, the applicant has been unjustly accused of a crime and hasn’t committed any overt acts.
COURT ANALYSIS AND DECISION
A knowledgeable attorney for the applicant claims that the applicant is prepared and willing to comply with all requirements, including the imposition of restrictions on the Investigating Agency’s ability to ask the appropriate court for his remand. He would also argue that after the Investigating Agency files such a request, the accused applicant may be allowed to file a merits-based opposition.
The State has objected to the grant of anticipatory bail due to the nature and seriousness of the offence, according to Learned Additional Public Prosecutor who is testifying on behalf of the respondent. A custodial interrogation is necessary because the offence is serious in nature, the learned additional public prosecutor has argued. It is claimed that the weapon needs to be found. The learned APP has also claimed that public tranquilly may have been violated.
It is equally necessary for the Court to exercise its discretion judiciously, cautiously, and strictly in accordance with the fundamental principles outlined in a wealth of decisions by the Hon’ble Apex Court on the subject after hearing the learned advocate for the parties and reading the investigation papers. It is well established that among other circumstances, the considerations for a bail application include the clear that the applicant, even if remanded to the custody of the police, shall be released right away after the completion of such period of police remand, subject to other requirements of this anticipatory bail order.
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Written by- Steffi Desousa