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J. C. DOSHI
Shankardan Keshubhai Langa – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
Rule returnable. Learned APP waives service of rule for the respondent State.
1. By way of the present petitions under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11216025230480 registered with Santej Police Station & C.R.No.11216008230490 both registered with Gandhinagar Sector 7 Police Station.
2. Brief facts of the case are as under:-
2.1 It is alleged that the petitioner is a retired collector, and lastly he was serving as collector at Gandhinagar as a Government Servant from 06.04.2018 to 30.09.2019. That sum and substance of the FIR is that loyalty and honesty was lacking in the service of the petitioner; the petitioner has ignored rules and regulations of the government and provisions of law for his Personal interest; he had adopted peak and choose policy; he has harassed the petitioners of the cases, where they have not settled it financially; the petitioner has caused loss of premium amount to the government; committed
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
(1) Court should be slow in granting anticipatory bail in corruption cases.
(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustif....
Economic offences need to be viewed seriously and considered as grave offences affecting the economy of the country, requiring a different approach in the matter of bail.
The court established that anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving serious allegations of corruption, and that the principle of ....
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