Gujarat High Court
Jhala Dolabha Devisingh vs State Of Gujarat on 25 April, 2025
NEUTRAL CITATION
R/CR.MA/6351/2025 ORDER DATED: 25/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 6351
of 2025
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JHALA DOLABHA DEVISINGH
Versus
STATE OF GUJARAT
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Appearance:
KEVAL H MAHARAJA(9062) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 25/04/2025
ORAL ORDER
1. At the outset, learned APP has submitted that although a
notice under Section 35(3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) was issued, the applicant did not join the
investigation.
2. Learned advocate for the applicant has submitted that the
applicant has been falsely implicated in the alleged offence. It is
contended that the applicant's name is "Jhala Dolabha Devising"
and not "Jhala Dolabha Jagatsingh."
3. Reiterating this submission, learned APP has drawn the
attention of this Court to the statement recorded by the Talati
and certain documentary evidence, which indicate that the
applicant is not "Jhala Dolabha Jagatsingh." It appears that the
notice was received by the applicant's son, as the name
mentioned therein is "Jhala Dolabha Jagatsingh."
NEUTRAL CITATION
R/CR.MA/6351/2025 ORDER DATED: 25/04/2025
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4. Considering the above facts, it appears that although the
notice under Section 35(3) of the BNSS was issued, it is necessary
for the applicant to join the investigation and appear before the
appropriate authority.
5. Upon instructions, learned advocate for the applicant
submits that the applicant is ready and willing to join the
investigation on 02.05.2025.
6. The applicant seeks to join the investigation, as the alleged
offenses are punishable with a maximum imprisonment of up to
7 years. Therefore, the Investigating Officer must scrupulously
follow the principles laid down by the Hon'ble Supreme Court in
the following cases: 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 v. State of Jharkhand and Another reported in
2023 SCC OnLine SC 892. Additionally, the Investigating Officer
must adhere to the mandate of Section 35 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS).
7. In view of the above, the applicant is directed to join the
investigation 02.05.2025. The concerned police authority is
directed to comply with the directions laid down in the above-
cited judgments and Section 35 of the BNSS before effecting
any arrest of the applicant. In the event the applicant is arrested
and produced before the learned Magistrate, then scrupulously
NEUTRAL CITATION
R/CR.MA/6351/2025 ORDER DATED: 25/04/2025
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follow the provisions of Section 47 of the BNSS and consider the
grievances or submissions made by the applicant prior to
authorizing any detention.
8. With the aforesaid directions, the present application
stands disposed of. Rule is discharged. Direct service is
permitted. This Court has not expressed any opinion on the
merits of the case.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
