State has opposed grant of anticipatory bail looking to the nature and gravity of the offence- Gujarat High Court grants bail
TITLE – Khengarbhai Mafabhai Rabari Versus State of Gujarat
Decided On September 2, 2023
12125 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, 506, 114, 205, 419, 423, 465, 467, 468, 471, and 120(B) of the Penal Code, 1860 through this 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
Learned Additional Public Prosecutor, who is advocating for the defendant, Given the seriousness and nature of the offence, the state has opposed the granting of anticipatory bail. Custodial interrogation is reportedly necessary. She therefore asked for the current application to be rejected.
It is equally necessary for the Court to exercise its discretion judiciously, cautiously, and strictly in compliance with the law after hearing the learned advocate for the parties and reviewing the investigation papers. with the fundamental guidelines established in numerous decisions of the Hon. Apex Court on the matter. The fact that, among other things circumstances, the considerations to be made when making an the request for bail it would be permissible for the Investigating Agency to request a police remand of the applicant in spite of this order from the competent Magistrate. The applicant must appear in person before the learned Magistrate on both the initial date of the application’s hearing and on all subsequent dates as the learned Magistrate may specify. 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 immediately following the completion of such period of police remand, subject to other requirements of this anticipatory bail order.
Learned Additional Public Prosecutor, who is advocating for the defendant, Given the seriousness and nature of the offence, the state has opposed the granting of anticipatory bail. Custodial interrogation is reportedly necessary. She therefore asked for the current application to be rejected.
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Written by- Steffi Desousa