A significant legal development has taken place in the case related to C.R.No.11204046240114 of 2024 with Nadiad Town Police Station. The Supreme Court of India has allowed a petition for settlement and directed that the applicant will not be arrested in connection with the mentioned FIR. The settlement, involving a payment of Rs.7,00,000/- to the complainant, is subject to specific conditions and clearances. Stay tuned for more insights on this case.
Arguments
- Learned advocate Mr. Sanat Pandya appears on behalf of the respondent – original complainant and may file appearance before the Registry.
- Settlement has been reached between the parties, evidenced by an affidavit of settlement produced on record by the original complainant.
- Advocate for the original complainant supports the submission of settlement made by the petitioner’s advocate.
- The Additional Public Prosecutor representing the respondent-State opposes the grant of anticipatory bail based on the nature and gravity of the offense.
- The petitioner seeks anticipatory bail in connection with the FIR registered at Nadiad Town Police Station.
- The petitioner’s advocate argues for anticipatory bail with suitable conditions considering the allegations and the petitioner’s role.
Analysis
- The Court must exercise its discretion judiciously and strictly in compliance with basic principles.
- Factors to be considered for bail application include prima facie evidence, nature and gravity of accusation, severity of punishment, risk of accused absconding, character of accused, likelihood of offense being repeated, and danger of justice being thwarted.
- The Court considered the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. [2011] 1 SCC 694.
- Reference was made to the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. vs. State of Punjab (1980) 2 SCC 665.
- The Court also took into consideration the law laid down in the case of Sushila Agarwal v/s. State (NCT of Delhi) [(2020) 5 SCC 1].
- As a result, the petition is allowed directing that the applicant will not be arrested if FIR registered as C.R.No.11204046240114 of 2024 with Nadiad Town Police Station, Dist; Kheda is pursued.
Decision
- The settlement between the parties involves a payment of Rs.7,00,000/- to the complainant.
- A Demand Draft of Rs.3,00,000/- has already been given to the complainant.
- Another cheque of Rs.4,00,000/- has been issued to the complainant.
- The settlement is subject to the clearance of the financial instruments, and any non-payment will render the settlement void.
- The original complainant will consent to quashing the FIR upon clearance of the Rs.7,00,000/- payment.
- The Trial Court shall not be influenced by observations made during bail granting.
- The petitioner will be released on bail upon furnishing a personal bond of Rs.10,000/- with specific conditions regarding cooperation with the investigation, attendance at the Police Station, refrain from influencing witnesses, not obstructing the investigation, providing address details, seeking permission to leave India if necessary, and depositing passport if applicable.
- In case of breach of any conditions, the concerned Judge can take appropriate action.
Case Title: HAMIDAKHATUN @ RESHMA D/O NASIRKHAN PATHAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7656/2024
