A thorough review of the evidence and in-depth justifications regarding the case’s merits at the time of granting bail should be avoided because they could harm the accused. Gujarat High Court
TITLE Chirag Mahendrabhai Patel Versus State of Gujarat
Decided On September 21, 2023
10512 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
The applicant accused has requested release on anticipatory bail through this application under Section 438 of the Criminal Procedure Code, 1973, in the event of his arrest in connection with offences punishable under Sections 406, 420, 409, 465, 467, 468, 471, and 120(b) of the Penal Code, 1860.
FACTS OF THE CASE
The applicant claims that he has been wrongly accused of the crime and has nothing to do with it. The applicant is alleged to not even be mentioned in the complaint. The fact that co-accused with similar roles have been released by the Sessions Court . A knowledgeable attorney for the applicant claims that given 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. Given the foregoing, anticipatory bail may be granted to the applicant.
COURT ANALYSIS AND DECISION
The applicant is ready and willing to abide by all conditions, including the imposition of conditions with regard to the powers of the Investigating Agency to file an application before the appropriate Court for his remand, according to the applicant’s learned advocate, who is acting on instructions. He would also argue that the applicant accused may continue to have the option to contest the Investigating Agency’s application on the basis of merits after it has been filed.
The State opposed the grant of anticipatory bail due to the nature and seriousness of the offence, according to the learned additional public prosecutor who appeared on behalf of the respondent.
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 time has passed, subject to the other terms of this anticipatory bail order.
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Written by- Steffi Desousa