In a recent judgment by the Gujarat High Court, anticipatory bail was granted in a case where a suicide note accused the applicant as the main accused. The Court considered various aspects, including the absence of allegations of instigating or aiding suicide against the applicant. Stay updated on this significant legal development. #LegalCase #AnticipatoryBail #GujaratHighCourt
Facts
- Applicant-accused has filed for anticipatory bail for offenses under Sections 306, 506(2) and 114 of the Indian Penal Code.
- Suicide note mentions the applicant as the main accused.
- Learned advocate for the applicant has made submissions on behalf of the applicant.
Arguments
- The applicant named in the suicide note as the main accused, but no allegations of instigating or aiding suicide were made against him.
- Allegations of playing online gambling were made in the suicide note against accused nos. 1 and 2, not against the applicant.
- No allegations were made in the suicide note regarding the applicant receiving any payment or administering threats to the deceased.
- The Court considered the applicant’s case based on the above aspects.
- The Court referred to the law laid down by the Hon’ble Apex Court in previous cases regarding anticipatory bail.
- The application for anticipatory bail was allowed, and the applicant was ordered to be released on bail upon arrest in connection with the FIR.
- Various conditions were imposed on the applicant, including cooperation with the investigation, remaining present at the Police Station, and not obstructing the investigation.
- The applicant agreed to abide by all conditions and would keep himself available during the investigation and trial.
Analysis
- The applicant is directed to deposit the same before the concerned trial court within a week
- Investigating Officer can file an application for remand if deemed proper
- Magistrate will decide on remand application based on merits
- Despite the order, Investigating Agency can apply for police remand of the applicant
- Applicant must remain present before the Magistrate on all directed occasions
- The accused can be treated in the judicial custody for the purpose of entertaining the prosecution’s application for police remand.
- The accused has the right to seek a stay against an order of remand if granted, with the Magistrate having the power to consider such a request.
- Upon completion of the period of police remand, the accused, even if remanded to police custody, shall be set free immediately, subject to other conditions of the anticipatory bail order.
- The trial court should not be influenced by the prima facie observations made by this Court in the present order.
- The rule has been made absolute to the aforementioned extent, with direct service permitted.
Case Title: DILIPBHAI NARSENGBHAI JOSHI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/9761/2024
