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Sohansinh Bharatsinh Devda (Sohansih ... vs State Of Gujarat on 6 October, 2023

                                                                               NEUTRAL CITATION




     R/CR.MA/11289/2023                          ORDER DATED: 06/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11289
                           of 2023
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           SOHANSINH BHARATSINH DEVDA (SOHANSIH DEVDA)
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR. RAJENDRA D JADHAV(10026) 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 : 06/10/2023

                            ORAL ORDER

1. Heard Mr. Rajendra Jadhav, learned Counsel for the applicant and Mr.Hardik Mehta, learned APP for the respondent State.

2. By way of 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 FIR being C.R. No.11210008230664 of 2023 registered with Sarthana Police Station, Surat City, for the offences punishable under Section 420 of Indian Penal Code, 1860.

3. Learned Counsel for the applicant at the outset submitted that the alleged offence is punishable upto 7 years and it is mandatory for the investigating officer to follow the provisions of Section 41-A of the Code of Criminal Procedure, 1973.

4. Learned APP appearing for the State has opposed the application and stated that though notice was issued to the applicant, the same was remained unserved as the applicant is not residing at the address mentioned in the application.

NEUTRAL CITATION R/CR.MA/11289/2023 ORDER DATED: 06/10/2023 undefined

5. In view of the above, if the applicant desirous to join the investigation, he shall have to remain present before the concerned police station on 16.10.2023. If the applicant is remained present before the concerned police station, then it is mandatory on the part of the authority to scrupulously follow the directions issued by the Apex Court in the cases 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 and prior to making mechanical arrest of a person, police authority shall have to follow the aforesaid provisions as well as the dictum.

6. With the above observations and direction, present application is disposed of accordingly. Liberty to revive in case of any difficulty.

Direct Service is permitted. Rule is made absolute to the aforesaid extent.

(HASMUKH D. SUTHAR,J) SUCHIT Page 2 of 2 Downloaded on : Fri Oct 06 20:49:31 IST 2023