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J. C. DOSHI
Alpaben Jayprakashbhai Sharma – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed for their release on anticipatory bail in case of arrest in connection with the FIR registered as C.R.No.11191020230357 of 2023 registered with Vastrapur Police Station, Ahmedabad City.
2. Learned advocate for the petitioners submits that considering the nature of allegations, role attributed to the petitioners, the petitioners may be enlarged on anticipatory bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
4. Heard the learned Advocates for the respective parties and perused the papers.
5. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an appl
The court's decision was influenced by the nature of the allegations, role attributed to the accused, and the settlement arrived at between the parties, as well as the relevant legal provisions and p....
The court established that anticipatory bail can be granted even in cases involving serious allegations if the circumstances do not warrant custodial interrogation and the accused demonstrate a willi....
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 may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
Anticipatory bail may be granted in pending criminal investigation with conditions to ensure compliance and judicial oversight.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
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