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2014 (1) TMI 1931

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.... Mridula Bhatkar, J. 1. This application is moved for the anticipatory bail under Section 438 of the Code of Criminal Procedure. The offences punishable under Section 406, 420, 120-B of the Indian Penal Code and Section 72(A) of the Information Technology Act, 2000, are registered under Crime No. 1 of 2014 at Crime Branch Ahmedabad, Gujarat. 2. This Court, by order dated 10th January, 2014, gave....

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....rt of his submissions on the maintainability relied on the following judgments:- i) Navinchandra N Majithia, vs. State of Maharashtra reported in AIR 2000 sc 2966. ii) Jodha Ram vs. The State of Rajasthan reported in 1994 CRI L.J. 1962. iii) N.K. Nayar and Ors. vs. State of Maharashtra, reported in 1985 CRI L.J. 1887(1). 4. Per contra, the learned Special Public Prosecutor has submitted tha....

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....orted in 1986 (0) AIJ PT 1701156. 5. Perused the judgments relied by counsel for the applicant, by the learned Special Public Prosecutor from the Gujarat and the learned APP. The Hon'ble Single Judge of Rajasthan High Court in the case of Jodha Ram (supra), has taken a view that at the stage of anticipatory bail, there is no trial, but it is obvious to safeguard the liberty of an individual b....

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.... permit grant of anticipatory bail by any High Court or any Court of Sessions within the country; where the accused may choose to apprehend arrest and the power vests only in the Court of Sessions or High Court having jurisdiction over the locale of the commission of the offence of which the person is accused. 7. In the case of N.K. Nayar (supra) the Division Bench of the Bombay Court has held th....