TITLE- Kirtalbhai Chaganbhai Rathva Versus State of Gujarat
Decided On September 21, 2023
15182 of 2023
INTRODUCTION-
The applicant accused has asked to be released on anticipatory bail in the event that he is arrested in connection with offences punishable under Sections 65(e), 65(a), and 116(b) of the Prohibition Act through the current application made pursuant to Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that they were wrongfully implicated in the crime. Nothing was found in the applicant’s conscious possession. The muddamal item is priced at Rs. 12960. The applicant doesn’t have any prior criminal history. He further argued that because of the nature of the allegations, a custodial interrogation is not required at this time. In addition, the applicant is accessible throughout the investigation and won’t resist justice. Given the foregoing, anticipatory bail may be granted to the applicant.
COURT ANALYSIS AND DECISION
The state has opposed the granting of anticipatory bail, claiming that since the applicant’s home was where the illegal substance, muddamal, was discovered, the application cannot be taken into consideration.
It is equally required of the Court to exercise its discretion judiciously, cautiously, and strictly in compliance with the fundamental principles outlined in a large number of decisions made by the Hon’ble Apex Court on the subject after hearing the learned advocate for the parties and reading the investigation papers. This would be sufficient to hold the defendant in judicial custody and consider the prosecution’s request for a police remand. It is made clear that the applicant, even if remanded to police custody, shall be released right away after the allotted time has passed, subject to the other terms of this anticipatory bail order.
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Written by- Steffi Desousa
