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2025 DAILYLAW 2471 (GUJ)

KUSUMBEN CHANDULAL VADODARIA v. STATE OF GUJARAT

CR.A/836/2025 · 2025-05-05

Hasmukh D Suthar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/CR.A/836/2025 ORDER DATED: 05/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 836 of 2025 ========================================================== KUSUMBEN CHANDULAL VADODARIA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NABIL O BLOCH(7953) for the Appellant(s) No. 1 MR BK RAJ(3794) for the Opponent(s)/Respondent(s) No. 2 MR PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/05/2025 ORAL ORDER Admit. Heard learned advocate for the appellant, learned APP Mr. Pranav Dhagat for respondent No.1 – State of Gujarat and learned advocate Mr. B.K. Raj for respondent No.2. Present appeal is filed seeking anticipatory bail however, since offences are punishable with imprisonment upto 7 years and appellant is a lady and notice under Section 35(3) of the BNSS is issued by the Assistant Commissioner of Police, SC/ST Cell-02, Ahmedabad City and upon instructions, learned advocate for the appellant states that appellant is ready and willing to join the investigation on 07.05.2025, if the appellant so appears, the Investigating OfÏcer is directed to scrupulously follow the provisions of sections 35, 47 and 50 of the BNSS as well as proposition of law settled by the Hon’ble Supreme Court in the case 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. R/CR.A/836/2025 ORDER DATED: 05/05/2025 State of Jharkhand and Another reported in 2023 SCC OnLine SC 892 and even the learned Magistrate before mechanically authorizing the detention of appellant shall follow the dictum of Hon’ble Supreme Court in the aforesaid decisions. With aforesaid direction, present appeal is disposed of. Direct service is permitted. (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 05/05/2025 14:25:34