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Judgment
11 paragraphs · 382 wordsHasmukh D. Suthar, J
Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-State.
By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at the Chandkheda Police Station, Ahmedabad City vide CR No.11191008230296 of 2023, for the offences punishable under Sections 452, 427, 354, 354A, 294(b), 506(1), 323 and 114 of the Indian Penal Code.
The learned advocate appearing on behalf of the applicant would submit that considering the nature of the offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.
On the other hand, the learned APP appearing on behalf of the respondent-State has opposed this application for grant of anticipatory bail to the applicant looking to the nature and gravity of the offence.
Having heard the learned advocates appearing for the respective parties, prima facie, it appears that the offence is punishable upto 7 years imprisonment.
In view of the above, as a dictum of Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273 and subsequently, dictum of Hon’ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation reported in 2023 LiveLaw (SC) 577, it is mandatory on the part of the police authority prior to making the arrest of the concern, the police authority has to issue notice under Section 41A of the Cr.P.C.
In view of the above, without entering into the merits of present petition, it is expected that the police authoirty / investigation agency shall have to follow the dictum of the Hon’ble Supreme Court in the case of Arnesh Kumar (supra) and Stender Kumar Antil (supra) and the mandatory provisions of Section 41A of the Cr.P.C. in a true letter and spirit prior making the mechanical arrest of the person.
With the aforesaid directions, the matter stands disposed of. Rule is made absolute to the aforesaid extent.
Liberty is reserved in favour of the applicant to approach the appropriate forum in case of difficulty.
Direct Service is permitted.