Back
DIVYESH A. JOSHI
PANKAJ KANJIBHAI KACHHADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Hardik Soni, the learned APP waives service of notice of rule for and 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-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at the Chalala Police Station, Amreli being No. 11193013230300 of 2023 for the offence punishable under Sections 406, 420 and 114 of the IPC.
3. The learned advocate Mr. Virat Popat appearing on behalf of the applicant has submitted that it is alleged in the complaint that a sale-deed was duly executed between the present applicant-accused and the erstwhile owner of the land somewhere in the year 2016 and some of the amount of sale consideration as mentioned in the sale-deed has yet not been paid by the applicant-accused and with these kind of allegations, the present complaint has been registered after a lapse of seven years. Learned advocate Mr. Popat has further submitted that the present complaint is nothing but a sheer abuse of process of law filed just with a view to harass the present applicant-accu
The main legal point established in the judgment is that delay in filing an FIR, along with the content of relevant documents and the scope of Section 438 of the Cr.P.C., can be valid considerations ....
Delay in filing a complaint and the pendency of a civil suit on the same subject matter can be factors that weigh in favor of granting anticipatory bail.
The seriousness of the offences, the accused's cooperation during investigation, and the existence of a prima facie case influenced the court's decision to reject the application for anticipatory bai....
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
The court emphasized that the privilege of anticipatory bail should be extended only in exceptional cases and that the nature and gravity of the accusation, as well as the possibility of the petition....
The court emphasized the need to carefully evaluate the entire material against the accused, strike a balance between no prejudice to investigation and unjustified detention, and consider reasonable ....
The judgment emphasizes the distinction between civil and criminal disputes, the limited jurisdiction of the court at the stage of discharge or quashing of criminal proceedings, and the exercise of i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
