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The object of anticipatory bail is that a person should not be harassed or humiliated in order to satisfy the personal vendetta of the complainant. Gujarat High Court

TITLE Chirag Prafulkumar Patel Versus State of Gujarat

Decided On  September 21, 2023

2119 of 2023

CORAM: Hon’ble Justice Mr Hasmukh

INTRODUCTION-

The appellants fearing their arrest in connection with the offences punishable under Sections 323, 504, 506(2), 143, and 149 of the Penal Code, 1860, as well as Section 3(2)(vi) of the Atrocity Act, have filed the current appeal under Section 14-A read with Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act, 1989).

FACTS OF THE CASE

The appellants claim that the complainant filed the FIR as a counterblast since another complaint was made against the complainant’s brother, that no such incident occurred, and that the appellants were wrongfully implicated in the crime. On the other hand, the complainant’s brother had abused young girls in the fine arts class, and an incident related to this occurred. In an effort to cover their tracks, the girls made up the entire story and filed the complaint. After the current appellants’ initial complaint was submitted, the complaint was late in coming. There isn’t even a hint of an attempt to offend the community on the surface. No specific part is given to the current appellants in the omnibus claims against the accused parties.

COURT ANALYSIS AND DECISION

In contrast, the learned APP has vigorously opposed the current appeal and claimed that section 18 of the Atrocity Act forbids the consideration of the current appeal and that the current appellants are guilty of a prima facie offence. Regarding the claim that the current FIR is a counterblast to the complaint that the complainant’s brother filed, this is a matter of evidence and does not need to be addressed at this time because the FIR prima facie discloses the offence. As a result, it has been requested to dismiss the current appeal. Additionally, taking into account the claims made in the complaint, the appellants’ presence is necessary for the qualitative investigation, as well as custodial questioning. Due to this initial appearance of an active role on the part of the accused, a qualitative investigation is required.

The current appellants are accused of violating Sections 323, 504, 506(2), 143, and 149 of the Penal Code of 1860 as well as Section 3(2)(vi) of the Atrocity Act. Section 18 of the Atrocity Act forbids the use of discretion in the present appellants’ favour. After considering the aforementioned discussion, it can be concluded that the case at hand does not qualify for jurisdiction under Section 18 of the Atrocity Act because it is prima facie established that the present appellants were involved in the crime. Therefore, the current appeal is denied.

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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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No any active role or abetment being noticed on the part of the applicant Gujarat High Court Grants bail

TITLE Rahul Bababhai Solanki Versus State of Gujarat  

Decided On  September 2, 2023

12123 of 2023

CORAM: Hon’ble Justice Mr Hasmukh

INTRODUCTION-

The applicant accused has asked to be released on anticipatory bail in the event of his arrest in relation to the offences punishable under Sections 306, 504, and 114 of the Penal Code, 1860, 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. A knowledgeable attorney for the applicant claims that the current applicant is innocent and that he did not play any part. A knowledgeable attorney for the applicant claims that the current applicant was unjustly implicated in the crime. He is a BDS student, and it is claimed that he recently passed the test. Although it appears that the complainant’s husband had taken a loan from the present applicant’s father, the said amount was being demanded, and the incident in question occurred, it is claimed that the present applicant has no involvement in the matter and that whatever accusation is levelled against the applicant’s father is accepted. The applicant and his father were allegedly not complicit in the crime while they were passing a nearby field and the applicant spoke with the husband. Aside from this, the applicant is not accused of playing any other roles. He allegedly grabbed hold of the complainant’s husband.

COURT ANALYSIS AND DECISION

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. The present applicant was present at the time the crime was committed, and the offence is one of a serious nature, according to the learned additional public prosecutor’s submission. Custodial interrogation is therefore necessary. She has therefore demanded that the current application be rejected. 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,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.

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No indication exists that the applicant is using dishonest or delaying tactics.- Gujarat High condones allows 51-day delay

TITLE Patel Girishbhai Hargovandas Versus State of Gujarat

Decided On  September 2, 2023

31727 of 2023

CORAM: Hon’ble Justice Mr Hasmukh

INTRODUCTION-

This application is made pursuant to Section 5 of the Limitation Act to excuse the 51-day delay in filing the criminal revision application.

FACTS OF THE CASE

 The applicant claims that the current applicant is found guilty by and that the learned Additional Sessions Judge in Criminal Appeal confirmed the order of conviction and sentence recorded by the learned Trial Court in an order dated 10.04.2023.

The applicant intends to contest both of the contested orders before this court through a criminal revision application, which has been delayed by 51 days.  According to the argument, the application for a delay pardon was submitted because the applicant did not know about the order of conviction, was ignorant of the requirements for filing the current lawsuit, was unable to manage the necessary paperwork, and was experiencing post-operative complications. Delay results as a result.

COURT ANALYSIS AND DECISION

The applicant has provided enough justification for the delay to be excused, taking into account the arguments made by the knowledgeable solicitors for the various parties. The Court’s main duties include resolving the parties’ conflict and advancing significant justice.

Limitation guidelines are not intended to trample on parties’ rights. The Court is aware that refusing to excuse the delay would result in a threshold dismissal of the case, and there is no presumption that the appellant intentionally caused the delay. Due to this, Section 5 of the Limitation Act’s definition of “sufficient cause” should be given a liberal interpretation in order to advance substantial justice. Even the justification given seems legitimate and honest.

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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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