Judicial Discretion Must Be Exercised Judiciously, Cautiously: Gujarat High Court Grants Anticipatory Bail to Lady Accused with Two-Month-Old Child

In a landmark judgment today, the Gujarat High Court granted anticipatory bail to Amanpreet Gurkamalsinh Kaur, a woman accused of multiple offences including those under the Indian Penal Code, the Explosives Act, and the Essential Commodities Act. The Hon'ble Mr. Justice Hasmukh D. Suthar stated, "It is equally incumbent upon the Court to exercise its discretion judiciously, cautiously, and strictly in compliance with the basic principles laid down by the Hon’ble Apex Court."

The court took into account several factors before granting bail. Justice Suthar observed, "I have considered the following aspects: The applicant is a lady accused having a two-months-old child; day-to-day affairs of Noor Enterprise are being managed by the husband of the applicant; nothing is required to be recovered or discovered from the applicant; the applicant is ready and willing to join the investigation."

Counsel for the accused, Mr. ND Nanavaty, along with Mr. Ruchit J Vyas, argued that the applicant had not actively participated in any alleged criminal activities and was merely the proprietor of Noor Enterprise. She also has a two-month-old child, making custodial interrogation unnecessary.

The Additional Public Prosecutor, Mr. Hardik Mehta, vehemently opposed the bail application, stating that the accused was the proprietor of Noor Enterprise and thus responsible for its activities. He insisted on the necessity of custodial interrogation for effective investigation.

Despite the opposition, Justice Suthar granted bail on specific conditions, including a personal bond of Rs. 10,000 and presence at the concerned police station on specified dates. The judge also clarified, "Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant."

The decision references several cases, including the Apex Court's decisions in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Sushila Aggarwal v. State (NCT of Delhi), as guidelines for granting anticipatory bail.

Legal analysts state that this decision once again underscores the importance of judicious and cautious use of judicial discretion in bail matters, particularly when it comes to vulnerable sections of society.

Date of Decision:29 September 2023

AMANPREET GURKAMALSINH KAUR vs STATE OF GUJARAT