Narendrabhai Maganlal Shah vs State Of Gujarat
2023 Latest Caselaw 8009 Guj

                                                                              NEUTRAL CITATION




     R/CR.MA/17615/2022                          ORDER DATED: 01/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 17615 of 2022
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                      NARENDRABHAI MAGANLAL SHAH
                                      Versus
                              STATE OF GUJARAT
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Appearance:
MR NIRUPAM NANAVATY, Senior Advocate assisted by MR KEVAL R
DHOLAKIYA(12277) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 01/11/2023
                             ORAL ORDER

1. RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State.

2. Heard learned advocates appearing for the respective parties.

3. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I-C.R. No.113 of 2010 registered with Malavianagar Police Station, District Rajkot for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.

4. Mr.Nirupam Nanavaty, learned Senior Advocate assisted by Mr. K.R. Dholakia, learned advocate for the applicant submits that the applicant is a 75-year-old senior citizen. It is submitted that initially the offence was registered under Sections 406, 420, 465, 467, and 468 of the IPC. However, by judgment dated 06.05.2022 passed in Special Criminal Application No. 841 of 2010, the Coordinate Bench of this Court has quashed the

NEUTRAL CITATION

R/CR.MA/17615/2022 ORDER DATED: 01/11/2023

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offences under Sections 465, 467, and 468 of the IPC. Now, only the offences under Sections 406 and 420 remain.

5. The offences alleged are punishable with maximum imprisonment upto 7 years and hence, in view of the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar reported in (2014)8 SCC 273; Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51 and Md. Asfak Alam vs. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892, the police authority shall have to scrupulously follow the directions given by the Hon'ble Supreme Court and the mandate of Section 41A of the Code of Criminal Procedure, 1973.

6. The applicant shall remain present at the concerned Police Station on 08/11/2023 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant;

7. At the event, if the applicant/accused is arrested and produced before the Magistrate, then the Magistrate shall have to consider the ground for arrest and pass appropriate order, before mechanically authorizing the custody/arrest of the applicant/accused.

8. With the aforesaid directions, present application stands disposed of. Rule is hereby discharged. Direct service is permitted.

(HASMUKH D. SUTHAR,J) ALI