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J. C. DOSHI
Jagdishbhai Chauhan S/o Jethabhai Chauhan – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Since, both the matters arise out of the same FIR, they are heard together and being disposed of by this common order.
1.1 Rule. Learned APPs waive service for the Respondent- State and learned Advocate, Ms. Jemini Patel, waives service for the First Informant in both the petitions.
1.2 By way of the present petitions, filed under Section 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR, registered as C.R. No. 11191035230355 of 2023 with Naroda Police Station, District: Ahmedabad City, under Section 406, 420, 409, 34, 120B of the Indian Penal Code, 1860.
2. Learned Advocate, Mr. Shah, appearing for the petitioner, namely Jagdihbhai Jethabhai Chauhan, submitted that he is not named in the FIR and as such, he is innocent. It was submitted that the name of Jagdishbhai was proposed as a trustee of the Trust, however, since, the Charity Commissioner did not accept the Change Report, he could not become the trustee. It was submitted that the role of Jagdishbhai was to collect cash amount from various departments of the hospital run by the Trust and to deposit the same in
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
The judgment establishes that the grant of anticipatory bail in economic offences is an extraordinary remedy and should be considered only in exceptional cases, balancing the rights of the accused wi....
The court emphasized the delicate balance between personal liberty and societal interest in deciding anticipatory bail applications, considering the nature and gravity of the accusation, the accused'....
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
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