2022 Supreme(Guj) 1419

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
Pravinbhai Balchandrabhai Premal - Applicant
Versus
State of Gujarat - Respondent
R/Special Criminal Application No. 9576 of 2019 With Criminal Misc. Application (Direction) No. 1 of 2022
Decided On : 03-10-2022

The court emphasized the principles of clubbing FIRs and the treatment of subsequently registered FIRs as statements under Section 161 of the Code of Criminal Procedure, ensuring that bail granted in connection with the principal FIR would endure until canceled by the court of competent jurisdiction.

Headnote:

clubbing of FIRs - Government Servant - Section 8, 10, 12, 13(1)(d)(3), 13(2) - The court directed the clubbing of multiple FIRs registered against a government servant, in accordance with the principles laid down by the Hon’ble Apex Court in the case of Abhishek Singh Chauhan v/s. Union of India & Ors. The subsequently registered FIRs were treated as statements under Section 161 of the Code of Criminal Procedure, and the investigating officer was allowed to file supplementary charge-sheets after collation of all the records concerning other FIRs. The court also emphasized that if the accused had been granted bail in connection with the principal FIR, the bail must ensure in his favor until the court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions.

Fact of the Case:

The applicant, a government servant, faced multiple FIRs filed by different police stations. The applicant's counsel argued that the complaints were intentionally registered to arrest and detain the applicant, defeating the court's order granting bail.

Finding of the Court:

The court directed the clubbing of certain FIRs in accordance with the principles laid down by the Hon’ble Apex Court, allowing the investigating officer to file supplementary charge-sheets and ensuring that bail granted in connection with the principal FIR would endure until canceled by the court of competent jurisdiction.

Issues: Multiple FIRs filed against the government servant, intentional registration of complaints to defeat bail orders.

Ratio Decidendi: The court applied the principles laid down by the Hon’ble Apex Court in the case of Abhishek Singh Chauhan v/s. Union of India & Ors. to direct the clubbing of FIRs and the treatment of subsequently registered FIRs as statements under Section 161 of the Code of Criminal Procedure.

Final Decision: The court allowed the application to the extent of directing the clubbing of certain FIRs and disposed of the related criminal miscellaneous application.