GITA GOPI
Alkaben Merabhai Gelot (Mali) – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
GITA GOPI, J.
1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State and learned Advocate Mr. Dipen Chowdhary waives service of notice of Rule on behalf of the respondents No.2 to 11.
2. By way of this application, the applicant – victim has made a prayer for cancellation of anticipatory bail granted to the respondents No.2 to 11 on 21.03.2024 by the learned 3rd Additional Sessions Judge, Banaskantha-Deodar in Criminal Miscellaneous No.72 of 2024 qua the First Information Report (FIR) registered on 13.02.2024 as C.R. No.11195050240083 with Tharad Police Station, Banaskantha for the offences punishable under Sections 365, 366, 342, 343, 354(A), 323, 506(2) and 114 of the Indian Penal Code (IPC).
3. Learned Advocate for the applicant Mr. V.C. Vaghela submitted that the learned Sessions Judge has failed to consider the gravity of the offence and arbitrarily and without any application of mind has granted anticipatory bail on the grounds that the sections invoked in the FIR does not provide for life imprisonment and death sentence and the maximum sentence which can be imposed is 10 years. It is further
Anticipatory bail should be denied in serious cases where custodial interrogation is essential for justice and the safety of the victim is at risk.
While considering application for grant of anticipatory bail court has to consider nature of offence, role of person, likelihood of his influencing course of investigation, or tampering with evidence....
The main legal point established in the judgment is that the delay in lodging the FIR may not be fatal to the prosecution if satisfactorily explained, and that the grounds for granting and cancelling....
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
Anticipatory bail should not be granted in serious offences.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances....
The court emphasized that failure to consider the seriousness of accusations in bail orders may lead to miscarriage of justice, yet it upheld the anticipatory bail granted due to insufficient grounds....
Anticipatory bail eligibility requires balancing personal liberty against grave allegations of sexual harassment, emphasizing the need for thorough investigations without interference.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.