27 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Armed Forces Tribunal >> Miscellaneous  

A recent court order in Gujarat sheds light on a case involving an unnamed applicant accused of violating the Arms Act. The applicant was arrested following an FIR filed at Gandhidham A Division Police Station. While details surrounding the specific charges are unavailable, the court's decision offers insights into the arguments presented and the conditions attached to the granted bail.

The applicant argued for bail citing several factors:

• The maximum punishment for the offense under the Arms Act is three years.
• The applicant has no prior criminal record.
• The recovered pistol wasn't used in any crime.
• The police investigation is nearing completion.

The Public Prosecutor argued against granting bail, but the court ultimately ruled in favor of the applicant. The bail comes with conditions, including a bond of Rs. 10,000 with a surety and standard bail terms like not tampering with evidence or leaving the state. Additionally, the applicant must:

• Surrender their passport (if applicable).
• Mark their presence at the designated police station once a month for six months.
• Inform the court of any change in residence.
• Avoid the Gandhidham area except for court appearances and police station visits.

The court order clarifies that violating these conditions could lead to the revocation of bail. The order also emphasizes that the judge's observations during the bail hearing won't influence the upcoming trial. The trial court has the authority to modify bail conditions as needed.

  Arms Act, 1959    Code of Criminal Procedure, 1973