In a recent ruling by the Gujarat High Court, anticipatory bail has been granted in connection with FIR CR No. 11210015240020 of 2024. The court’s decision comes after considering the resolution of the dispute and repayment of the amount to the first informant. Stay tuned to learn more about this significant legal development.
Facts
- The applicant-accused filed an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail
- The FIR in question is CR No. 11210015240020 of 2024 at D.C.B. Police Station, Surat City
- The offenses mentioned in the FIR include Sections 409, 420, 465, 467, 468, 471, 34 and 120 B of the Indian Penal Code
Arguments
- Applicant’s apprehension of arrest in connection with FIR mentioned.
- Earlier application filed before Sessions Court was disallowed.
- Senior advocate for the applicant stated that the matter has been settled and the allegedly siphoned amount has been returned to the first informant.
- Learned APP waived service of Rule on behalf of the Respondent State.
- The matter has been amicably settled between the parties as per the submission of the advocate representing the first informant.
- The first informant has stated that there is no objection to the applicant being granted anticipatory bail.
- The learned Additional Public Prosecutor opposed anticipatory bail citing the nature and gravity of the offence.
- The advocate for the applicant argued for granting anticipatory bail considering the facts presented in the application.
- The affidavit of the first informant has been presented and ordered to be taken on record.
Analysis
- Considered two factors required by Hon’ble Supreme Court: prima facie case and need for accused’s custodial interrogation
- Inclined to consider applicant’s case due to resolution of dispute and repayment of amount to first informant
- Granted anticipatory bail to applicant after hearing arguments, reviewing material, and considering nature of allegations and accused’s role
- The Court considered the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors. (2011) 1 SCC 694
- Reiterated the law laid down in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab (1980) 2 SCC 565 by the Constitution Bench
- Took into consideration the ratio in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020
- Considered the judgment in the case of Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 where the Court observed a liberal stance when the punishment is 7 years
- Noted that exercising the discretion under Section 438 Cr.P.C allows for the possibility of remand by the Investigating Officer
- The Court inclined to exercise powers under Section 438 of Cr.P.C
- (c) Shall not make any inducement, threat, or promise to dissuade any person from disclosing facts to the court or police.
- (d) Shall not obstruct or hamper police investigation or tamper with evidence.
- (e) Must provide address to investigating officer and court, and not change residence without permission.
- (f) Cannot leave India without trial court permission, must deposit passport if applicable.
Decision
- The present application is allowed for anticipatory bail.
- The applicant is directed to remain present at the concerned Police Station on 26.6.2024 between 12.00 Noon and 2.00 p.m.
- Direct service is permitted.
- The rule is made absolute to the extent mentioned.
- The trial court should not be influenced by the prima facie observations made in this order.
- The applicant is granted anticipatory bail in connection with FIR C.R. No. 11210015240020 of 2024 registered with D.C.B. Police Station, Surat City.
- The offenses are punishable under Sections 409, 420, 465, 467, 468, 471, 34, and 120 B of the Indian Penal Code.
- The applicant must execute a personal bond of Rs.10,000/- with one surety of like amount.
- Conditions include cooperating with the investigation and making oneself available for interrogation.
Case Title: PRAVINBHAI MADHAVJIBHAI BHANUSHALI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8854/2024
