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HASMUKH D. SUTHAR
Baraiya Rameshbhai Kamalshibhai – Appellant
Versus
State Of Gujarat – Respondent
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, learned Senior Counsel assisted by Mr.Apurva Kapadia, learned advocate for the applicant submits that the applicant has falsely implicated in the offence and he has nothing to do with it. It is submitted that a co-accused with a similar role has been granted bail by the Coordinate Bench of this Court. Therefore, the present applicant is entitled to bail on the ground of parity, as there is no specific role attributed to the applicant in the complaint and no material available that connects the applicant to the offence.
2.1 It is further submitted that whatever allegations
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.
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 ....
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
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