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2025 DAILYLAW 1780 (GUJ)

SACHIN NAVIN SINHA v. STATE OF GUJARAT

CR.MA/1800/2025 · 2025-04-24

Hasmukh D Suthar

body2025

Judgment text

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R/CR.MA/1800/2025 ORDER DATED: 24/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1800 of 2025 ========================================================== SACHIN NAVIN SINHA Versus STATE OF GUJARAT ========================================================== Appearance: MR SARVAN KUMAR with MR NIYALCHANDANI for MR JANAK H PARMAR(12638) for the Applicant(s) No. 1 MR RAHUL M BAROT(9965) for the Respondent(s) No. 1 MR PRANAV DHAGAT, APP for the Respondent(s) No. 1 MS SHIVANI RAJPUROHIT(5377) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/04/2025 ORAL ORDER RULE. Learned APP Mr. Pranav Dhagat waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. At the outset, learned APP upon instructions states that as the offences are punishable upto 7 years, notice under section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) was issued though the applicant failed to join investigation. Today, upon instructions, learned advocate for the applicant states that applicant is ready and willing to join the investigation on 28.04.2025. If the applicant so appears, the Investigating OfÏcer is directed to scrupulously follow the proposition of law as settled by the Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar reported in (2014)8 R/CR.MA/1800/2025 ORDER DATED: 24/04/2025 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 even the learned Magistrate before mechanically authorizing the detention of applicant shall follow the dictum of Hon’ble Supreme Court in the aforesaid decisions. With the aforesaid direction, present application is disposed of. Rule is accordingly discharged. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2025 17:37:29