Tag Archives: #Gujarathighcourt

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

11 Sep

Vehicles are seized by posting a suitable bond and receiving a guarantee that they will be returned if the court so orders at any time- Gujarat High Court

TITLE Dabhi Kanchansinh Shivsinh Versus State of Gujarat

Decided On September 1, 2023

10985 of 2023

CORAM: Hon’ble Justice Mr Samir J. Dave

INTRODUCTION- The petitioner filed this petition in an effort to exercise the court’s inherent powers under Section 482 of the Criminal Procedure Code, 1973, as well as its supervisory and extraordinary jurisdictions under Articles 226 and 227 of the Indian Constitution. The petitioner is requesting the release of the Muddamal Vehicle.

FACTS OF THE CASE

The prosecution’s case is that while the police officers were on patrol, they secretly learned that the vehicle in question was carrying alcohol. When the police stopped it and searched the vehicle, they discovered that the driver was carrying alcohol without a pass or permit. Consequently, a FIR has been filed for the offence covered by the Prohibition Act. The petitioner’s learned attorney has argued that this Court has extensive authority to act in accordance with Article 226 of the Constitution. Relied on landmark case stated by ,The Apex Court bemoaned the situation of many vehicles being left unattended and turning into junk on the grounds of the police station. It can also take into account the ratio set forth in the case.

COURT ANALYSIS AND DECISION

No matter the circumstance, it serves no purpose to keep such seized vehicles at the police stations for an extended period of time. The Magistrate must issue the necessary orders right away by obtaining the proper bond, guarantee, and security for the return of the aforementioned vehicles, if necessary at any time. This is possible while applications for the return of such vehicles are heard.

As a result, this petition is granted. The petitioner’s vehicle must be released by the concerned authority under the following terms and conditions: Before giving the petitioner possession of the vehicle, the appropriate photos must be taken, and if one hasn’t already been created, a thorough panchnama must be created for the purpose of the trial.

Written by- Steffi Desousa

11 Sep

If the applicants are in jail but have no other charges pending against them, the jail administration and the court in question must take the necessary actions to free them- Gujarat High Court

TITLE Bharatbhai Kanjibhai Kakadiya Versus State of Gujarat

Decided On September 1, 2023

10719 of 2023

CORAM: Hon’ble Justice Mr Samir J. Dave

INTRODUCTION- The applicants have asked for the quashing and setting aside of the FIR for the offence punishable under Sections 465, 467, 468, 471, 120B, and 201 of the Penal Code, 1860 through this application under Section 482 of the Criminal Procedure Code, 1973; proceedings to be halted.

FACTS OF THE CASE

The knowledgeable attorney claims that he has been given instructions to appear for and on behalf of Respondent No. 2 and has requested authorization to do so. Permission has been granted as requested. He needs to submit his Vakalatnama to the Registry. The same will be accepted by the Registry.

The learned APP waives service of the notice of rule for and on behalf of respondent number one, the State, and the learned advocate Mr. Pratik Jasasni waives service of the notice of rule for and on behalf of respondent number two. Taking into account the matter at hand, the consent of the learned solicitors representing the relevant parties, and the fact that the dispute between the applicants and complainant has been settled amicably

COURT ANALYSIS AND DECISION

The Complainant submitted an affidavit that is now part of the public record. There is no surviving grievance between the parties, and the complainant has categorically stated in the affidavit that the dispute is amicably resolved and that he has no objections if the current proceedings are quashed. However, given the facts and circumstances surrounding the present application and the decisions made by the court in reliance on earlier rulings, it appears that further litigation is necessary. Since it appears that the trial would be ineffective and that furthering the actions taken in response to the contested FIR would constitute an abuse of the legal system and the court, it is necessary to exercise the authority granted by Section 482 of the Code to quash the contested FIR and any related proceedings in order to uphold the interests of justice.

Written by- Steffi Desousa

9 Sep

The state has opposed the grant of anticipatory bail looking to the nature and gravity of the offense. Gujarat High Court grants bail.

TITLE Prajapati Tejas Bharatbhai Versus State of Gujarat

Decided On September 1, 2023

August 29, 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 offences punishable under Sections 418, 419, 420, 34, and 120(B) of the Penal Code, 1860, as well as Sections 66 and 66D of the I.T. Act through the present application under Section 438 of the Criminal Procedure Code, 1973.

FACTS OF THE CASE

The applicant claims that he was wrongly accused of the crime based on the co-accused’s statement and has nothing to do with the offence. Additionally, it is claimed that the incident occurred on December 9, 2020, but the FIR was filed on May 19, 2023. 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.

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 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.

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 to include.

Written by- Steffi Desousa

9 Sep

The statement made by the applicant, in compliance with the law. – The Gujarat High Court considers the bail request

TITLE Diptiben Dhanjibhai Patel Versus State of Gujarat

Decided On September 1, 2023

10935 of 2023

CORAM: Hon’ble Justice Mr. Samir Dave

INTRODUCTION- In order to file an appeal before the learned appellate court, the applicant has asked that the order dated 28.03.2023 passed by the learned Presiding Officer, Special Court, (N.I. Act), Ahmedabad (Rural) be quashed and set aside.

FACTS OF THE CASE

The complainant was found guilty of the offense punishable under Section 138 of the NI Act by order dated 28.03.2023. However, on the date the judgment and order of conviction were announced, the applicant, who was the accused party, was not present. Because of his absence during the announcement of the judgment and the fact that no application was made for the suspension of the substantive order of the sentence under Section 389 of the CrPC, learned counsel was consulted.

COURT ANALYSIS AND DECISION

The applicant’s learned advocate argued that the applicant is prepared and willing to make a deposit of Rs. 100000 (one lac) before the relevant trial court within two weeks of today. Finally, the applicant’s learned advocate argued that the present application should be allowed. On the other hand, the learned APP for Respondent No. 1 State has strongly disagreed with the arguments made by the applicant’s attorney and asked that the applicant’s current application be denied.

learned counsel for the applicant and the learned APP for respondent no. 1 State, it is apparent that the applicant has been found guilty. Because he was not present in court on the day of his conviction, a non-bailable warrant was issued against him, and in defiance of that order, he has come before this court.

According to a statement made by the applicant’s learned attorney, the applicant must deposit Rs. 100000 (one lac) with the relevant trial court within two weeks of today, and he or she must appear before the court in person with an attorney to request the cancellation of the non-bailable warrant that the learned Magistrate had issued. The learned Magistrate will decide whether to grant the request in accordance with the law.

Written by- Steffi Desousa