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2023 (7) TMI 1383 - SC - Indian Laws


Issues Involved:
1. Rejection of bail application by the High Court.
2. Allegations under Sections 194 and 468 IPC.
3. Considerations for granting bail.
4. Urgency in directing surrender despite interim bail.

Summary:

Issue 1: Rejection of Bail Application by the High Court
The appeal challenges the judgment and order dated 1st July 2023, passed by the learned Single Judge of the High Court of Gujarat, thereby rejecting the bail application filed by the appellant. The High Court's decision was based on the prima facie finding that the ingredients to constitute an offence under Section 194 IPC are present, thus justifying the rejection of bail.

Issue 2: Allegations under Sections 194 and 468 IPC
The appellant was arrested on 25th June 2022, for offences under Sections 468, 469, 471, 194, 211, 218, and 120B of the IPC. The appellant's counsel argued that the allegations, even if taken at face value, do not make out a case under Sections 194 and 468 IPC. The counsel emphasized that Section 194 IPC pertains to evidence recorded before the Court, which was not applicable in this case.

Issue 3: Considerations for Granting Bail
The Supreme Court noted that the considerations for granting bail include the prima facie case, the possibility of tampering with evidence or influencing witnesses, and the risk of the accused fleeing from justice. The Court found that the appellant, a lady, had been in custody since 25th June 2022, and the essential ingredients of the investigation, including custodial interrogation, had been completed. The appellant had not been called for investigation after being released on interim bail, indicating no further need for custody.

Issue 4: Urgency in Directing Surrender Despite Interim Bail
The Supreme Court questioned the urgency shown by the learned Judge in directing the appellant to surrender immediately, despite the appellant enjoying interim protection under the Court's order dated 2nd September 2022. The Court found no alarming urgency to justify this directive.

Conclusion:
The Supreme Court allowed the appeal, quashed the impugned order, and directed that the appellant be continued on bail as granted on 2nd September 2022. The Court emphasized that the appellant should not attempt to influence witnesses and clarified that none of the observations made would influence the trial court at the stage of the trial.

 

 

 

 

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