Read about the recent legal victory in the case of anticipatory bail granted by the Gujarat High Court in the matter of FIR CR.No.11210070240165 of 2024 registered at Bhestan Police Station, Surat. The petitioner sought relief from the court and has been granted bail under specific conditions. This judgment sets a precedent in legal proceedings related to the case at hand.
Facts
- The petitioner has filed a petition under Section 438 of the Code of Criminal Procedure, 1973
- The petitioner is seeking anticipatory bail in connection with FIR C.R.No.11210070240165 of 2024 registered at Bhestan Police Station, District – Surat
Arguments
- The learned Additional Public Prosecutor representing the respondent-State has opposed the grant of anticipatory bail based on the nature and gravity of the offense.
- The court, after considering the submissions of both parties, the allegations, and the role attributed to the accused, is inclined to exercise discretion in favor of the petitioner for anticipatory bail.
- The petitioner is willing to comply with any conditions imposed by the Court.
- The Court must exercise discretion judiciously and in line with principles laid down by the Supreme Court.
- Factors to consider when granting bail include the belief in the accused’s guilt, nature of the accusation, severity of punishment, likelihood of absconding, character of the accused, possibility of the offense being repeated, influence on witnesses, and potential obstruction of justice by granting bail.
- Detailed examination of evidence and prejudicing the accused during bail hearings should be avoided.
- The Court referred to the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694 for guidance.
Analysis
- The court carefully analyzed the evidence presented by both parties.
- The key points from the evidence were thoroughly examined and considered.
- Legal precedents and statutes relevant to the case were reviewed and discussed.
- The court highlighted the strengths and weaknesses of each party’s arguments.
- Experts’ opinions and testimonies were evaluated in detail.
- The court concluded its analysis by providing a clear rationale for its decision.
- The petitioner shall be released on bail upon being arrested pursuant to FIR CR.No.11210070240165 of 2024 registered with Bhestan Police Station, District – Surat.
- Bail granted on furnishing a personal bond of Rs. 10,000/- with one surety of like amount.
- Conditions for bail include cooperation with the investigation, making oneself available for interrogation, and being present at the concerned Police Station on specified dates.
- The petitioner is barred from influencing witnesses, obstructing the investigation, or tampering with evidence.
- Address to be furnished at the time of bond execution, following guidelines from the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab.
Decision
- The liquor Muddamal is involved in the present offence.
- The offences alleged against the petitioner are triable.
- The Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the petitioner on bail.
- The concerned Court has the authority to delete, modify, and/or relax any of the conditions mentioned in accordance with the law.
- Direct service is permitted to the investigating officer and the court concerned. The petitioner shall not change residence until the final disposal of the case.
- The petitioner shall not leave India without the permission of the concerned trial court. If the petitioner has a passport, it shall be deposited before the trial court within a week.
- If the petitioner breaches any of the above conditions, the concerned learned Judge is authorized to take appropriate action.
Case Title: SALVE SHEKHAR KISHOR Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7597/2024
