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J. C. DOSHI
Bhumishth Narendrabhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
J.C. Doshi, J.—Vide Office Note dated 14.12.2023, the Hon’ble the Chief Justice has been pleased to direct the Registry to place this matter before the Court taking up anticipatory bail. Hence, present petition is listed before this Court.
2. Rule. Learned advocate Mr. Shaan Munshaw waives service of notice of rule for the original complainant and learned APP waives service of notice of rule for the respondent State.
3. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11191045230794 registered with Sola High Court Police Station.
4. Brief facts of the case are as under:-
4.1 One Nidhish Pankajbhai Kansara, aged about 32 years, residing at 4/12/113 Neelkanth Mahadev Lane, Darbar Road, Visnagar, Dist. Mehsana has given a complaint that he is operating a medical store in the name of Shivam Chemist at Visnagar. Father of the complainant and Mr. Dahyalal Mafatlal Patel were partners and were doing business of Hariom Chemist at Visnagar for past twenty-seven (27) years. Because of such long relations, he was
Anticipatory bail can be granted where no case for custodial interrogation is made out.
The main legal point established in the judgment is the importance of considering the nature and gravity of the accusation, the character and behavior of the accused, and the likelihood of the offens....
The main legal point established in the judgment is the application of anticipatory bail provisions under Section 438 of the Code of Criminal Procedure, 1973, and the court's consideration of the com....
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
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