Gujarat High Court
Shrenik Kirtibhai Sheth vs State Of Gujarat on 27 January, 2022
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/21851/2018 ORDER DATED: 27/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21851 of 2018
With
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 2 of 2020
In R/CRIMINAL MISC.APPLICATION NO. 21851 of 2018
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SHRENIK KIRTIBHAI SHETH
Versus
STATE OF GUJARAT
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Appearance:
MR BB NAIK, SENIOR ADVOCATE WITH MR MANASVI THAPAR(8198) for
the Applicant(s) No. 1
MR TARAK DAMANI(6089) for the Respondent(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/01/2022
ORAL ORDER
1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I C.R.No. 134 of 2017 registered with Navrangpura Police Station, Ahmedabad, for offences punishable under sections 406, 420, 465, 468, 471 and 120(B) of Indian Penal Code.
2. Mr. B.B. Naik, learned Senior Advocate alongwith Mr. Manasvi Thapar, learned advocate for the petitioner submitted that the matter is with regarding to non-payment of loan amount where the agreement is made with regard to sale of flats and for the flats so purchased the loan was granted. Learned Senior Advocate for the petitioner submitted that the flats came to be sold by the builder to the third party and the Page 1 of 4 Downloaded on : Thu Jan 27 21:00:03 IST 2022 R/CR.MA/21851/2018 ORDER DATED: 27/01/2022 payment of instalment was paid for about two years. Learned Senior Advocate for the petitioner submitted that the petitioner is victim of the builder's fraud. Learned counsel for the petitioner submitted that the temporary bail was granted to the petitioner vide order dated 02.05.2019 passed by this court in Criminal Misc. Application No. 21851 of 2018 with a direction to the effect that the petitioner shall clear the amount Rs.25,95,128/- on or before the next date of hearing of the matter i.e. 12.06.2019 and shall give clear proposal for clearing the remaining outstanding amount of Rs.3.00 crore. Learned Senior Advocate for the petitioner submitted that the property of the petitioner was under Asset Recovery Company and the complainant was required to recover the amount accordingly and further states that recently the bid had taken place. It was, therefore, prayed that the present application may be allowed and the petitioner herein may be released on regular bail.
3. Mr. Tarak Damani, learned advocate for the respondent- complainant submitted that the total amount as per the undertaking has not been paid. It was therefore urged that no discretion may be exercised in favour of the petitioner.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It was therefore urged that no discretion may be exercised in favour of the petitioner.
4. Heard learned advocates on both the sides and perused the material on record. Taking into consideration the fact that the property has been put under recovery process and the Page 2 of 4 Downloaded on : Thu Jan 27 21:00:03 IST 2022 R/CR.MA/21851/2018 ORDER DATED: 27/01/2022 petitioner has undertaken to pay the amount and it would be the understanding between the complainant and the petitioner to recover the maximum amount of money through recovery process and also fact that the trial will take its own time to conclude; this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.
5. Hence, the present application is allowed. The petitioner is ordered to be released on regular bail in connection with FIR being I C.R.No. 134 of 2017 registered with Navrangpura Police Station, Ahmedabad on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the concerned trial court;
[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;
6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the petitioner only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is Page 3 of 4 Downloaded on : Thu Jan 27 21:00:03 IST 2022 R/CR.MA/21851/2018 ORDER DATED: 27/01/2022 committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.
7. Today the main matter i.e. Criminal Misc. Application No. 21851 of 2018 is allowed by this Court, the application being Criminal Misc. Application No. 2 of 2020 now does not survive and accordingly the same is also disposed of.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) A.M.A. SAIYED Page 4 of 4 Downloaded on : Thu Jan 27 21:00:03 IST 2022