SHAKTISINH VAGHUBHA PARMARversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The Court held that, given the applicant’s willingness to cooperate and the requirement to follow Supreme Court guidelines on arrest, the anticipatory bail application stands disposed.
Summary
Shaktisinh Vaghubha Parmar applied for anticipatory bail, stating his willingness to cooperate with the investigation and appear before the investigating officer on 12‑01‑2026. The Court directed the investigating officer to strictly follow the Supreme Court pronouncements in Arnesh Kumar v. State of Bihar, Satender Kumar Antil v. CBI, and Md. Asfak Alam v. State of Jharkhand regarding lawful arrest procedures. The magistrate must be informed of the grounds of arrest and must not mechanically authorize detention. If the investigating officer deems arrest necessary, a seven‑day notice must be served to the applicant prior to arrest. In view of these directives and the applicant’s readiness to cooperate, the anticipatory bail application was disposed of without granting bail.
Issues considered
- Whether anticipatory bail should be granted to the applicant.
- Whether the investigating officer must adhere to Supreme Court guidelines on arrest and provide notice.
- Whether the magistrate must be informed of the grounds of arrest before authorising detention.
Subjects
Judgment
R/CR.MA/27771/2025 ORDER DATED: 05/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 27771
of 2025
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SHAKTISINH VAGHUBHA PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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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 join the
investigation, and will appear before the investigating o cer on
12.01.2026.
Having considered the submissions and the documents
produced on record, the Investigating O cer is directed to
scrupulously follow the proposition of law as settled by the
Hon'ble Supreme Court in the case of 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
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R/CR.MA/27771/2025 ORDER DATED: 05/01/2026
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 cer 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.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/01/2026 18:24:31
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