Malek Hafijmiya Ahemadmiya vs State Of Gujarat
2025 Latest Caselaw 288 Guj

Gujarat High Court

Malek Hafijmiya Ahemadmiya vs State Of Gujarat on 7 May, 2025

                                                                                                            NEUTRAL CITATION




                             R/CR.A/115/2025                                ORDER DATED: 07/05/2025

                                                                                                             undefined




                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                           R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 115 of 2025
                      ==========================================================
                                            MALEK HAFIJMIYA AHEMADMIYA & ANR.
                                                          Versus
                                                STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      ADILHUSHAIN M SAIYED(9723) for the Appellant(s) No. 1,2
                      MR MAHAMEDJUNEDKHAN M PATHAN(11016) for the Appellant(s) No. 1,2
                      NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
                      MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
                      ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                     Date : 07/05/2025

                                                       ORAL ORDER

1. Present appeal is filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 01.01.2025 passed by the learned 4th Addl. Sessions Judge, Anand in Criminal Misc. Application No.1296 of 2024, whereby the learned 4th Additional Sessions Judge rejected the application filed by the present appellant under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking anticipatory bail in connection with FIR being C.R.No.11215001240638 of 2024 registered with Anand Rural Police Station, District - Anand for the offences punishable under Sections 115(2), 352, 351(3) and 54 of the BNS and Sections 3(1)(r), 3(1) (s) and 3(2) (va) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act.

2. Admit. Learned APP waives service of notice of Rule on behalf of the respondent - State.

3. Heard learned advocates appearing for the respective parties.

4. Considering the bar under Section 18 of the Atrocity Act, the learned

NEUTRAL CITATION

R/CR.A/115/2025 ORDER DATED: 07/05/2025

undefined

Special Judge has dismissed the anticipatory bail. However, the alleged offences are punishable up to 7 years. There is no bar, even in this special case, to exercise the powers under Section 35 of the BNSS. 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 and 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

5. In view of the above, appellant is directed to join the investigation and the police authority is directed to follow the directions given by the Hon'ble Apex Court in the above cited cases decisions well as the mandate of Section 35 and 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") before making a mechanical arrest of the appellant/s. Further, if he produced before the learned Magistrate, the learned Magistrate concerned is also directed to verify the reason and then pass appropriate order prior to authorize the detention of the appellant/s.

6. With the aforesaid directions, present appeal stands disposed of.

Direct service is permitted.

This Court has not gone into the merits of the case.

(HASMUKH D. SUTHAR,J) KUMAR ALOK