Stay informed about the latest legal developments as the Gujarat High Court granted anticipatory bail in connection with FIR C.R. No I-11192050240140. The learned APP appearing for the respondent-State did not mention any antecedent in the analysis. 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., reiterating the principles established by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab. Learn more about the details of this judgment and its implications in the legal sphere.
Arguments
- Learned Additional Public Prosecutors opposed anticipatory bail.
- Nature and gravity of the offence considered.
- Role of the accused in the offence evaluated.
- Anticipatory bail granted to the applicants.
- Applicants to be available during investigation and trial.
- Mr. Unwala, assisted by learned advocate Mr. Pravin Gondaliya, appearing for the complainant, has given consent to allow the present application.
Analysis
- The learned APP appearing for the respondent-State did not mention any antecedent in the analysis.
- No information was provided regarding the specific details or context that the APP was referring to in the judgment.
- This lack of background information could potentially impact the understanding of the case and the arguments presented.
- 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.
- The Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, (1980) 2 SCC 565.
- As a result, the present application was allowed.
Decision
- The applicant is granted anticipatory bail in connection with FIR C.R. No I-11192050240140 of 2024 registered with Sanand Police Station, Ahmedabad.
- The applicant must execute a personal bond of Rs.10,000/- with one surety of like amount.
- Conditions of the bail include cooperating with the investigation, being available for interrogation, remaining present at the Police Station on a specified date, not influencing witnesses, not obstructing the investigation, and providing current address to the authorities.
- The applicant should not leave India without court permission and must surrender the passport if held.
- The Investigating Officer can apply for remand if necessary, and the Magistrate will decide on its merits.
- The accused may be treated as in judicial custody upon remand request by the prosecution.
- The accused has the right to seek a stay against any remand order granted.
- Direct service of orders is permitted, even if remanded, the accused shall be set free after the police remand period.
- The trial court should not be influenced by the prima facie observations made by the court in the current order.
Case Title: VISHNUBHAI JESANGBHAI THAKORE Vs. STATE OF GUJARAT
Case Number: R/CR.MA/8566/2024
