R/CR.MA/7696/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7696 of 2025 ========================================================== NAWAB HAYAT KAKKAL Versus STATE OF GUJARAT ========================================================== Appearance: MR FB BRAHMBHATT(1016) for the Applicant(s) No. 1 MR.D H PANCHAL(6420) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/04/2025 ORAL ORDER Rule. Learned APP waives service of notice for the respondent-State. When this Court posed a query as regards compliance of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), learned APP has submitted that though notice is served, the applicants have not joined the investigation. 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 appear, 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 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 even the learned Magistrate before mechanically authorizing the detention R/CR.MA/7696/2025 ORDER DATED: 21/04/2025 of applicant shall follow the dictum of Hon’ble Supreme Court in the aforesaid decisions. With the above direction, the application stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2025 14:33:06