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2022 Supreme(Online)(Guj) 9752

HIGH COURT OF GUJARAT
SAMIR J. DAVE, J
GANESH SHIVKUMAR SAGAR S/O SHIV KUMAR SAGAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellant(s): MR KUNAL MALHOTRA FOR MS.AKSHITABA SOLANKI
For the Respondents: MR JK SHAH, APP

ORDER

1. The present bail application is filed under Section 4 39 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR NO. I- 11210015220075 of 2022 registered with DCB Police Station, Surat City for the offence punishable under Section s 4 06 , 409 of the Indian Penal Code and Section s 3 and 4 of GPID Act and Section s 4 , 5 and 6 of the Lottery Cheating and Money Circulation Scheme Act .

2. Heard learned advocate for the applicant as well as learned APP for the respondent-State.

3. Learned advocate for the applicant submits that the the applicant is a freelancer digital marketer for various companies and has been working in network marketing for last 16 years. Applicant is a law-abiding person and has clear antecedents. That, the arrest of the applicant in the present case is in violation of section 41A Cr PC and hence is perverse and illegal as per law. That, as per the precedents laid down by the Hon’ble Supreme Court of India in catena of cases, no arrest of an offender shall be made for offences which are punishable up to 7 years of imprisonment or having maximum of 7 years of imprisonment unless investigating officer in h


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