Back
HASMUKH D. SUTHAR
Baraiya Rameshbhai Kamalshibhai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail regarding serious charges including conspiracy and fraud. (Para 1 , 2) |
| 2. identification of the applicant's role in the alleged conspiracy to manipulate examination integrity. (Para 4 , 5 , 6) |
| 3. judicial consideration of evidence and its impact on granting bail in serious offenses. (Para 8 , 19) |
| 4. assessment of public interest versus individual liberty in the context of alleged fraudulent activities. (Para 10 , 11) |
| 5. final ruling dismissing the anticipatory bail due to concerns over investigation interference. (Para 23) |
JUDGMENT :
(Hasmukh D. Suthar, J.)
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11198068230274 of 2023 with Bharatnagar Police Station, Bhavnagar City for the offences punishable under Sections 406 , 419, 420, 465, 467, 468, 471 and 120B of the INDIAN PENAL CODE , 1860 and under Sections 66 (D) of the IT Act and Sections 12(1), 12(3) and 12(4) of the Gujarat Public Examination (Prevention of Unfair Means) Act.
2. Mr. N.D. Nanavati, l
The court reaffirms that anticipatory bail is not to be granted where there is substantial evidence indicating involvement in serious offences affecting societal interests.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
A second anticipatory bail petition is maintainable only upon demonstrating a substantial change in circumstances. Absent such change, repetitive filings for the same relief constitute an abuse of th....
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 ....
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
