PAWAN BABULAL KAUSHIKversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The Court held that the investigating officer must follow the Supreme Court’s directives on arrest, including giving a seven‑day notice, and the anticipatory bail application was disposed of without grant.
Summary
Pawan Babulal Kaushik applied for anticipatory bail before the Gujarat High Court, stating his willingness to cooperate with the investigation and to appear before the investigating officer on 12‑01‑2026. The Court, after hearing counsel, directed the investigating officer to adhere strictly to Supreme Court precedents (Arnesh Kumar v. State of Bihar, Satender Kumar Antil v. CBI, and Md. Asfak Alam v. State of Jharkhand) regarding lawful arrest and the role of the magistrate. It emphasized that any arrest of the applicant must be preceded by a seven‑day notice to him. The Court did not grant anticipatory bail and disposed of the application, permitting direct service of the order.
Issues considered
- Whether anticipatory bail should be granted to the applicant.
- Whether the investigating officer must follow Supreme Court guidelines on arrest and inform the magistrate.
- Whether a notice period of seven days is required before arresting the applicant.
Subjects
Judgment
R/CR.MA/27740/2025 ORDER DATED: 05/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 27740
of 2025
==========================================================
PAWAN BABULAL KAUSHIK
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR O I PATHAN(7684) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 05/01/2026
ORAL ORDER
Learned advocate for the applicant, under
instructions, states that the applicant is ready and willing
to co-operate with the investigation, and will appear
before the investigating o icer on 12.01.2026.
Having considered the submissions and the
documents produced on record, the Investigating O icer
is directed to scrupulously follow the proposition of law
as settled by the Hon'ble Supreme Court in the case of
Page 1 of 2
R/CR.MA/27740/2025 ORDER DATED: 05/01/2026
Arnesh Kumar Vs. State of Bihar, reported in (2014)
8 SCC 273, in case of Satender Kumar Antil Vs.
Central Bureau of Investigation & Anr., reported in
(2022) 10 SCC 51 and in case of Md. Asfak Alam Vs.
State of Jharkhand & Anr., reported in 2023 SCC
OnLine SC 892 and also inform about the grounds of
arrest, if needed, to learned Magistrate and even the
learned Magistrate before mechanically authorizing the
detention of the applicant shall follow the dictum of the
Hon'ble Supreme Court in the aforesaid decisions.
In case, the Investigating O icer needs to arrest the
applicant, notice of 7 days shall be given to the applicant
prior to such arrest.
In view of the above, the present application stands
disposed of. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/01/2026 16:56:40
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.