In a recent legal development, the Gujarat High Court has granted anticipatory bail in connection with FIR CR No. 11209028230846 of 2023 registered at Khedbrahma Police Station. The judgment focuses on ensuring fair proceedings while upholding the principles of justice. The decision serves as a significant step towards maintaining law and order in the region. Stay tuned for more updates on this important case. #AnticipatoryBail #LegalJudgement #GujaratHighCourt
Facts
- Petitioner has filed a petition under Section 438 of the CrPC seeking anticipatory bail.
- The petitioner seeks to be released on anticipatory bail in connection with FIR C.R.No.11209028230846 of 2023.
- The FIR was registered at Khedbrahma Police Station in Sabarkantha district.
- The petitioner is requesting anticipatory bail to prevent his arrest in this case.
Arguments
- Learned Additional Public Prosecutor opposed the grant of anticipatory bail due to the nature and gravity of the offence.
- The petitioner has approached the Court seeking bail considering the pendency of the trial before the concerned Magisterial Court.
- Refusal of bail at this stage would amount to pre-trial conviction, which is prohibited by law.
- The petitioner is willing to abide by any conditions imposed by the Court.
- The Court must exercise its discretion judiciously based on established principles.
- Factors to be considered for bail include grounds of the offence, nature of accusation, severity of punishment, risk of absconding, accused’s character and behavior, likelihood of offense repetition, witness influence, and justice being thwarted.
- An elaborate examination of evidence and detailed reasons affecting the accused should be avoided at the bail stage.
- The Court’s decision is in line with the law laid down in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694.
Analysis
- Learned counsel for both parties heard.
- Record of the case and facts considered.
- Inclined to exercise discretion in favor of the petitioner.
- Liquor Muddamal involved in the offense.
- Offenses alleged against the petitioner are triable.
- The present petition is allowed, directing that the applicant shall be released on bail upon arrest pursuant to FIR CR No. 11209028230846 of 2023 registered at Khedbrahma Police Station, District – Sabarkantha.
- The bail conditions include furnishing a personal bond of Rs. 10,000 with one surety of the same amount.
- The petitioner must cooperate with the investigation, make himself available for interrogation when required, and remain present at the concerned Police Station on specified dates and times.
- It is mandated that the petitioner shall not influence any individuals related to the case and shall not obstruct the police investigation.
- The petitioner must provide his address to the investigating officer and the court, and maintain the same residence until the case’s final disposal.
- If holding a passport, it must be deposited before the trial court within a week, and the petitioner cannot leave India without court permission.
- There are restrictions on entering specific districts for nine months, except for attending court proceedings or marking presence before the police station.
- The judgment reiterates the law established in the case of Shri Gurubaksh Singh Sibbia & Others vs. State of Punjab (1980) 2 SCC 665.
Decision
- The concerned Court has the authority to alter or relax any of the conditions mentioned.
- If the petitioner breaches any of the conditions, appropriate action can be taken by the Judge.
- The Trial Court should not be swayed by the initial observations made by the Court granting bail.
- Direct service is allowed for this case.
Case Title: PINAKINSINH VIKRAMSINH BHATI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7582/2024
