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State Of Gujarat vs Rajeshkumar Jamnadas Rami on 6 April, 2023

18. So far as grievance of the prosecution of the addition of charge is concerned, the same is pending adjudication in the revision application filed by the State. Apt would be to refer to the decision of Hon'ble Supreme Court in the case of Kumari Ruzada Ashikali vs. State of Gujarat , reported AIR online 2022 GUJ 1372 wherein this Court has held that, in a case where an accused has already been granted bail, the investigating authority in addition to an offense or offenses needs to obtain an order to arrest the accused from the Court which had granted the bail. In view of the aforesaid legal position, it would be for the IO to approach the concerned court seeking arrest order of the accused, however, at this stage, in absence of any order permitting addition of charge, no case is made out for quashing Page 14 of 15 Downloaded on : Sun Sep 17 18:17:51 IST 2023 NEUTRAL CITATION R/CR.MA/17041/2022 ORDER DATED: 06/04/2023 undefined the order granting regular bail. Hence, present application seeking cancellation of bail is rejected.
Gujarat High Court Cites 19 - Cited by 0 - Full Document
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