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HIGH COURT OF GUJARAT
HDS
SAPNABEN SANJAYBHAI DAVDA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11218009240833 of 2024 registered with Kamlabaug Police Station, Porbandar, for the o punishable under Sections 316(5), 318(4) and 61(2) of BNS, Section 3 of Gujarat Protection Interest of Depositors Act and Sections 21 and 23 of the Banking of Unregulated Deposit Scheme Act, 2019.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The applicant is lady and has nothing to do with the offence. Her husband was Manager and he has put his signature. Complaint is filed belatedly. Though in a complaint, alleged embezzlement of Rs.17 lacs and odd, but in investigation the said amount is reveals as Rs.8.59 crore. Even during investigation, selective approach adopted by the police though one Munjaji Odedara who is also authorized in banking transaction, is not arraigned as an accused. Even other 11 members are also not arraigned as an accused. It is further submitted that, the applica
Anticipatory bail is not an absolute right, especially in economic offences, where the court must balance personal liberty against the need for effective investigation.
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail should not be granted in serious economic offences where there is a risk of evidence tampering and ongoing investigations.
Anticipatory bail should be granted only in exceptional cases; the court must balance individual rights with societal interests, especially in serious economic offences.
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information an....
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