Gujarat High Court
Jashwantbhai Devchandbhai Patel vs State Of Gujarat on 11 December, 2017
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/30058/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL)
NO. 30058 of 2017
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JASHWANTBHAI DEVCHANDBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR. R.D.KINARIWALA, ADVOCATE for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 11/12/2017
ORAL ORDER
1. This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.III- 5133 of 2017 before Isri Police Station for the offence punishable under Sections 65(a)&(e), 116(B), 98(2) and 81 of the Prohibition Act.
2. Heard learned advocate for the applicant and learned APP for the respondent State.
3. Having considered the rival contentions, it is common ground that the petitioner apprehends his arrest on the basis of the statement of the other accused implicating him in the offence in question. The apprehension of the petitioner seems to be misconceived in law inasmuch as, admittedly, except the statement of the co-accused on the file of the investigator as on date there is no reasonable complaint made against the petitioner and/or there is no credible information against him or reasonable suspicion of Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Dec 12 02:12:51 IST 2017 R/CR.MA/30058/2017 ORDER his having committed the offence in question, as required by section 41 of the Code of Criminal Procedure for the purpose of arresting a person. Thus, the petitioner can be arrested if a complaint or a credible information or the reasonable suspicion forms the record of the case. If the investigator intends to arrest the petitioner, it goes without saying that he would need the information contemplated under section 41 of the Code of Criminal Procedure.
4. In above view of the matter, the petition is not entertained and is disposed of. Direct service is permitted.
(G.R.UDHWANI, J.) Dolly Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Dec 12 02:12:51 IST 2017