It is necessary for the Court to exercise its discretion carefully, judiciously, in accordance with the fundamental guidelines outlined- Gujarat High Court
TITLE Jigar Sandipkumar Jain Versus State of Gujarat
Decided On September 2, 2023
12185 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
The applicant accused has requested release on anticipatory bail in the event of his arrest in connection with the FIR for the offences punishable under Sections 406, 420, 409, 34, and 120B of the Penal Code, 1860 through the current application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The current applicant is a chartered accountant and has no connection to a crime. Just the audit of the Parvati Jadav Charitable Trust Hospital was completed by him. He claims that the current applicant is implicated in the offence as a result of an internal dispute among the trustees. It is claimed that the applicant failed to conduct a proper audit because he failed to properly prepare the audit report, visit the accounts, and verify the accounts. This failure led to misappropriation. Other than this, no role is assigned to the current applicant. As a result, he asks to approve the application because the applicant has carried out his professional duties with the utmost care and diligence and has no prior record of criminal offences.
COURT ANALYSIS AND DECISION
Given the seriousness and nature of the offence, the state has opposed the granting of anticipatory bail. He claimed that the current applicant had not actually conducted the audit in collusion with the other trustees and had prepared a false audit report, which had resulted in a significant loss of Rs. 94,97,88,969 in total. She has asked for the current application to be dismissed because she believes there is a chance that an evidence has been tampered with. 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 This would be sufficient to hold the defendant 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 right away after the allotted amount of time, subject to the other terms of this anticipatory bail order.
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Written by- Steffi Desousa