In a significant legal development, the Supreme Court of India has delivered a landmark judgement in a case concerning the protection of individual rights against the State of Punjab. The verdict sets a crucial precedent on the issue of anticipatory bail and the balance between individual liberties and state prosecution. Stay tuned to understand the implications of this ruling on legal proceedings and the rights of individuals.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.
- The petitioner is seeking anticipatory bail in connection with FIR C.R.No.11195044211528 of 2021 registered at Shihori Police Station, Banaskantha.
- The petitioner has prayed to be released on anticipatory bail in case of his arrest.
- The petition is seeking protection from arrest in the mentioned FIR.
- The matter is being considered for granting anticipatory bail to the petitioner.
Arguments
- Learned Additional Public Prosecutor opposed anticipatory bail due to nature and gravity of the offence.
- Court needs to exercise discretion judiciously and strictly as per principles from various Supreme Court decisions.
- Advocate for the petitioner requested for anticipatory bail with suitable conditions based on allegations and role attributed.
Analysis
- Role attributed to the petitioner considered.
- Except the statement of co-accused, no prima-facie evidence against the petitioner.
- No criminal antecedents against the present petitioner.
- The Court considered the law laid down in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors.
- The Court also took into account the law laid down in Shri Gurubaksh Singh Sibbia & Ors. vs. State of Punjab.
- Additionally, the Court considered the law laid down in Sushila Agarwal v/s.
Decision
- The petitioner shall be released on bail upon being arrested pursuant to FIR registered with Shihori Police Station, Banaskantha.
- Bail amount set at Rs. 10,000 with one surety of like amount.
- Conditions for bail include cooperation with investigation, availability for interrogation, and presence at the Police Station on specified date.
- Prohibition against making inducements or threats to influence witnesses.
- Must not obstruct police investigation or tamper with evidence.
- Address to be provided to investigating officer and court, with no change of residence without approval.
- Permission required from trial court to leave India, passport to be deposited if in possession.
- Potential consequences if conditions of bail are breached.
- Trial Court instructed not to be swayed by initial observations of bail granted.
Case Title: PREMARAM RAMKISHANJI MANJU Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6838/2024
