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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PRAVINBHAI BHIKHUBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
BE YOU EVER SO HIGH, THE LAW IS ALWAYS ABOVE YOU !
1. Rule returnable forthwith. Learned APP waives service of Rule for and on behalf of the respondent-State.
2. By way of present successive pre-arrest bail application under Section 482 of the BNSS /under Section 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on successive anticipatory bail in the event of his arrest in connection with the FIR being C.R No.11210070241090 of 2024, registered at Bhestan Police Station, Surat for the offences punishable under Sections 65(a) (e) and 81 of the Gujarat Prohibition Act read with Sections 111(3) &111(4) of the BNS.
3. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. Nothing is required to be recovered and discovered from the accused. No contraband or liquor is found form his conscious possession and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. He is ready and willing to join the investigation.
Successive anticipatory bail applications require a demonstrable change in circumstances; otherwise, they may be dismissed to prevent abuse of the legal process.
Successive anticipatory bail applications without changed circumstances are deemed an abuse of process and should not be entertained.
Anticipatory bail can only be granted in exceptional circumstances, balancing individual rights against societal interests, especially in serious offenses.
Anticipatory bail denied due to serious allegations and necessity for custodial interrogation, emphasizing public interest over individual rights.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
Anticipatory bail granted based on lack of past offences and willingness to cooperate, emphasizing careful judicial discretion in bail applications.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail can be granted when the applicant has returned misappropriated funds, and custodial interrogation is not deemed necessary.
Anticipatory bail can be denied if the gravity of the offence and need for custodial interrogation outweigh individual rights, emphasizing the balance between personal liberty and public interest.
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