Gujarat High Court
Idrish Abdulrashid Choksi vs State Of Gujarat on 3 October, 2025
NEUTRAL CITATION
R/CR.MA/20337/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20337 of 2025
(FOR ANTICIPATORY BAIL)
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IDRISH ABDULRASHID CHOKSI
Versus
STATE OF GUJARAT
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Appearance:
MR RAKESH R PATEL(3239) for the Applicant(s) No. 1
MR HARDIK SONI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 03/10/2025
ORAL ORDER
When the matter is taken up for hearing, learned advocate for the applicant submitted that maximum punishment that can be imposed upon the applicant in connection with the offences registered against him, is upto seven years. He, therefore, submitted that in view of the decision of the Hon'ble Supreme Court in case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, if the protection is granted to the applicant, he will remain present before the concerned Investigating Officer for interrogation.
Learned APP submitted that if the applicant will remain present before the concerned Investigating Officer for interrogation, the guidelines issued by the Hon'ble Supreme Court in the aforesaid decisions as well as other decisions will be followed.
Having considered the submissions and the documents produced on record, it is found out that the Page 1 of 2 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Oct 03 2025 Downloaded on : Sat Oct 04 10:46:20 IST 2025 NEUTRAL CITATION R/CR.MA/20337/2025 ORDER DATED: 03/10/2025 undefined offences alleged are punishable with maximum imprisonment upto 7 years and if the applicant so appears, the Investigating Officer is directed to scrupulously follow the proposition of law as settled by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51 and in case of Md. Asfak Alam Vs. State of Jharkhand & Anr., reported in 2023 SCC OnLine SC 892 and also inform about the grounds of arrest, if needed, to learned Magistrate and even the learned Magistrate before mechanically authorizing the detention of the applicant shall follow the dictum of the Hon'ble Supreme Court in the aforesaid decisions. The applicant shall remain present before the concerned Investigating Officer on 07.10.2025.
In view of the above, the present application stands disposed of. Direct service is permitted.
(DIVYESH A. JOSHI, J.) Gautam Page 2 of 2 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Oct 03 2025 Downloaded on : Sat Oct 04 10:46:20 IST 2025