Monday, November 14, 2011

Anticipatory Bail is granted if prima facie no roll in commission of the alleged offence u/s 406, 420 & 120-B of IPC

While considering prima facie facts of absence of any direct roll in the alleged offences u/s 406, 420, 120-B etc. of IPC, in two different similar bail petitions, vide Cr.M.A.No.14297/2011 & 14837/2011, the Hon. Gujarat High Court, has recently granted the anticipatory bail, in favour of both the accused, including a notary public and advocate, putting much emphasis on the principles of laws laid down by the Hon Apex Court therein that " This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., reported in (2011) 1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980) 2 SCC 565"

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