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Vikrampratap Bannaram Gurjar vs State Of Gujarat

Gujarat High Court · Decided on 30 May 2023 · Citation: (2023) 05 GUJ CK 0125

HON’BLE JUDGES
Hasmukh D. Suthar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 438 · Indian Penal Code, 1860 — Section 114, 406, 420
RESULT
Disposed Of
CASE NUMBER
R/Criminal Misc.Application No. 8967 Of 2023
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Judgment

5 paragraphs · 196 words

Hasmukh D. Suthar, J

1.

Heard Ms. Zainab Bharmal learned advocate for Mr. Dharshan Varandani learned advocate for the applicant and Mr. Manan Mehta learned APP for the respondent-State.

2.

By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at the Kandla Marine Police Station vide I-CR No.11993013200016 of 2020, for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code.

3.

Prima facie, it appears that present offenec is punishable upto seven years and in that case, procedure under Section 41(A) of the Cr.P.C. is required to be followed by the Investigating Agency as per the law laid down by the Hon’ble Supreme Court in the cases of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and Satender Kumar Antil Vs. Central Bureau of Investigation reported in (2022) LiveLaw (SC) 577. Hence, the Investigating Agency is hereby directed to scrupulously follow the directions issued by the Hon’ble Supreme Court.

4.

With above direction, present application stands disposed of.