A thorough review of the evidence and in-depth justifications for the case’s merits at the time of granting bail should be avoided because they could harm the accused. – Gujarat High Court
TITLE Suryadipsinh Sukhdevsinh Jadeja Versus State of Gujarat
Decided On August 29, 2023
15492 of 2023
CORAM: Hon’ble Justice Mr. Hasmukh
INTRODUCTION-
The applicant accused has asked for anticipatory bail in the current application under Section 438 of the Criminal Procedure Code, 1973, in the event that he is arrested in connection with the FIR for the offences punishable under Sections 363 of the Penal Code, 1860.
FACTS OF THE CASE
The applicant claims that his maternal grand-son’s initiative led to the complaint being filed. The complaint was made by the complainant’s maternal grandfather because a disagreement between the complainant’s daughter and his son-in-law led to the removal of his nephew (the complainant’s maternal grandson), who was living with him. Because the present applicant is the complainant’s nephew’s biological father, the ingredients of the offense are not proved. The applicant claims that no evidence has been presented against the current applicant, and that because he is a law-abiding citizen, no incarceration is necessary because he will cooperate with investigators and be available for questioning.
Therefore, he asks that anticipatory bail be granted to him.
COURT ANALYSIS AND DECISION
Learned Additional Public Prosecutor, who is advocating for the defendant, Given the seriousness of the offence and the state’s opposition to anticipatory bail, the Coordinate Bench of the Court and the Honourable Apex Court both ordered the applicant to turn over custody of the child to the complainant or the mother, establishing a prima facie case for an offence. Therefore, he asks that the current application be denied because a prima facie offence has been established given the seriousness of the punishment for the offence.
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 should be , would be sufficient to hold the accused in judicial custody and consider the prosecution’s request for a police remand. It is made clear that the applicant, even if remanded to police custody, shall be released immediately following 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