In a landmark decision, the Supreme Court of India granted anticipatory bail in the case of C.R.No.11217041240105 of 2024, ensuring justice for the petitioners involved. The judgment sets a precedent for fair legal proceedings and upholding the rights of individuals. Stay tuned for more updates on this significant legal development.
Facts
- The petitioners have approached the court seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
- The petitioners are seeking anticipatory bail in case of arrest in connection with FIR registered as C.R.No.11217041240105 of 2024 at Saraswati Police Station, Patan.
- The petitioners have prayed for release on anticipatory bail to avoid arrest in the mentioned case.
Arguments
- Learned APP opposed grant of anticipatory bail due to nature and gravity of the offence.
- Court heard both advocates and reviewed papers.
- Court must exercise discretion judiciously, cautiously, and strictly.
- Advocate for petitioners argued for anticipatory bail with suitable conditions.
Analysis
- Factors considered for granting bail include prima facie evidence of the accused committing the offense, nature and gravity of the accusation, severity of potential punishment, risk of absconding, character of the accused, likelihood of the offense being repeated, apprehension of witness influence, and danger to justice if bail is granted.
- Detailed examination and prejudice to the accused should be avoided during the bail process.
- Cross-complaint filed in the case.
- Co-accused released on anticipatory bail by the Sessions Court.
- The Court considered the judgement in the case of Vs. State of Punjab (1980) 2 SCC 665.
- Reference was made to the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].
- Discretion was exercised in favor of the petitioner based on the law laid down in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694.
- The law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. was reiterated by the Hon’ble Apex Court.
Decision
- The present petition is allowed, and the petitioners will be released on bail upon arrest.
- The bail amount is set at Rs. 10,000 each along with one surety of the same amount.
- The petitioners must cooperate with the investigation, be available for interrogation, and present at the Police Station on a specified date.
- They are prohibited from influencing witnesses, obstructing the investigation, or leaving India without court permission.
- Any breach of conditions will warrant appropriate action by the court.
- The Trial Court should not be swayed by prima facie observations of the High Court during the bail granting process.
- The Trial Court has the authority to modify or relax the conditions as per the law.
Case Title: VANRAJJI MOGHJIJI THAKOR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6756/2024
