Case BriefsHigh Courts

Gujarat High Court: The Bench of Vipul M. Pancholi, J. allowed a petition seeking anticipatory bail subject to certain restrictions.

In the pertinent case, the allegations against the accused were of producing forged documents and of abetment. The counsel for the applicant stated that he is ready and willing to abide by all the conditions including the imposition of conditions with regard to powers of Investigating Agency. And considering the nature of the alleged offences, custodial interrogation was not needed at this stage.

The Court considered that the allegation against the applicant is that at the most he has abetted the main accused and there was an undue delay of 5 years in lodging the FIR. And since he is cooperating with the investigation agency, his custodial interrogation is not required. The Court relied on the law laid down by Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 and thus, allowed the petition directing the release of the applicant on bail.[Gupta Anandkumar Satyanarayan v. State of Gujarat, 2019 SCC OnLine Guj 285, Order dated 21-02-2019]

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Supreme Court: The bench of J.S. Khehar, CJ and Dr. D.Y. Chandrachud, J held that the Government jobs and admissions secured in the reserved category on the basis of fake caste certificates cannot be held valid even if the certificates are found to be fake after a long delay.

The Court was hearing the appeal against the judgment of Bombay High Court where it was held that if a person continues in service for a long period of time and the certificate is found to be fake at a later stage then, he or she may be allowed to continue in the service.

Disagreeing with the Bombay High Court, the Court clarified that the order of the Court shall not be made applicable retrospectively.

Source: PTI