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High Court of Gujarat

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

anticipatory bailarrestSupreme Court precedentCriminal Proceduredirect service

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


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