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HASMUKH D. SUTHAR
Mahamad Hanif Sultabhai Saiyad – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Learned advocate has tendered a draft amendment, the same is allowed in terms of draft.
1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State.
2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11191011220168 of 2022 registered with DCB Police Station, District : Ahmedabad City, for the offences punishable under Sections 409, 420, 465, 467, 468, 471, 34 and 120B of the IPC.
3. Learned advocate for the applicant has submitted that applicant is not connected in any manner with the offence. Learned advocate for the applicant has submitted that the present applicant is falsely enroped in the said offence and he has nothing to do with offence. It is submitted that charge-sheet is filed and there is no role attributed to the present applicant. It is submitted that in one room of his hotel, the alleged offence is committed, except this no any role is attributed to the present applicant. Even on the basis of statement of co-accused, he has falsely implicated in the offenc
The court emphasized the need for custodial interrogation in economic offences and the delicate balance between personal liberty and societal interest, citing legal provisions and precedents to suppo....
The legislative intent behind Section 438 of the Code of Criminal Procedure emphasizes the delicate balance between safeguarding personal liberty and protecting societal interests, and the court's di....
Anticipatory bail should be granted sparingly, especially in cases of economic offences, and the delicate balance between personal liberty and societal interest must be maintained.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.
Court emphasizes that anticipatory bail is not an automatic right but must consider societal impact, especially in serious economic fraud cases involving large-scale deceit, prioritizing public justi....
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
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