Gujarat High Court
Dipakkumar Chandulal Shah vs State Of Gujarat on 1 May, 2020
Equivalent citations: AIRONLINE 2020 GUJ 361
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/6479/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6479 of 2020
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DIPAKKUMAR CHANDULAL SHAH
Versus
STATE OF GUJARAT
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Appearance:
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR HARDIK SONI, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 01/05/2020
ORAL ORDER
1. Rule. Mr. Hardik Soni, learned APP waives service of notice of rule on behalf of the respondent-State.
2. The applicants have preferred this application under Section 438 of the Code of Criminal Procedure, 1973 for being enlarged on anticipatory bail in connection with CR. No.11186007200083 for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120- B of the Indian Penal Code registered with Talala Police Station, Talala, Gir-Somnath.
3. Mr. Premal R. Joshi, learned advocate for the applicants does not press the present application qua applicant No.2-Alkaben Dipakkumar Shah as in the charge-sheet which is filed in the trial Court on 30.04.2020 she is not cited as an accused person.
4. Mr. Joshi, learned advocate for the applicants submits that the applicant Nos.1 & 3 are the sleeping partners in partnership firm which was ran and managed by his elder son Dipenbhai Dipakkumar Shah who has already been arrested and is in judicial custody. It is his further submission that as the charge-sheet has already been filed to the Page 1 of 4 Downloaded on : Fri May 01 21:54:59 IST 2020 R/CR.MA/6479/2020 ORDER custodial interrogation of the applicant Nos. 1 & 3 is not required. It is his further submission that the applicants have no criminal antecedents and they are ready and willing to abide by the terms and conditions as may be imposed by this Court.
5. Mr. Hardik Soni, learned APP for the respondent-State submits that there are as many as 42 loan transactions for purchasing two wheeler from the agency on which the applicants are the partners. It is his further submission that even if the submission of Mr. Joshi, learned advocate for the applicants that the applicants are sleeping partners is accepted, then also the applicants are the recipients of financial benefits, and therefore, they cannot be aspect the criminal liability. He, therefore, submits that the discretionary relief of anticipatoryd bail may not be exercised in favour of the applicants.
6. I have given my thoughtful consideration to the submissions made on either side. It appears from the FIR that on the basis of the documents obtained from the original complainant, co-accused persons, who have played active role have obtained loan on the basis of documents of the original complainant without his knowledge.
7. It prima-facie, at this stage appears from the documents captioned has changed in partnership deed and power of attorney (page No.24 to
26) that the present applicants are the sleeping partners and it was the co-accused Dipenbhai Dilipkumar Shah, elder son of the applicant No.1, who was managing and running the agency. Moreover, when the charge-sheet has already been filed in the trial Court against all the accused persons. It appears that the custodial interrogation of the applicants is not required. I am, therefore, of the view that the present application needs to be accepted without further adverting to the facts of Page 2 of 4 Downloaded on : Fri May 01 21:54:59 IST 2020 R/CR.MA/6479/2020 ORDER the prosecution in detail.
8. For the foregoing reasons, the present application qua applicant No.2-Alkaben Dipakkumar Shah stands disposed of as withdrawn whereas applicant Nos. 1 & 3 are ordered to be released on bail in the event of their arrest in connection with CR. No.11186007200083 for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120- B of the Indian Penal Code registered with Talala Police Station, Talala, Gir-Somnath, the applicants shall be released on bail on furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount on the following conditions:
(a) the applicants shall make themselves available for interrogation whenever required;
(b) shall remain present at concerned police Station as and when summoned by Investigation Officer.
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected;
(e) shall at that time of execution of bond, furnish the address to the investigating officer and the trial court and shall not change residence without permission of the trial court till the final disposal of the case;Page 3 of 4 Downloaded on : Fri May 01 21:54:59 IST 2020
R/CR.MA/6479/2020 ORDER
(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the trial Court within a week; and if applicants do not possess passport they shall file an affidavit to that effect;
(g) it would be open to the Investigating Officer to file and application for remand if he considered it proper and just and the learned Magistrate would decide it on merits.
9. Rule is made absolute qua applicant Nos. 1 & 3 and rule discharged qua applicant No.2.
(A.G.URAIZEE, J) Manoj Page 4 of 4 Downloaded on : Fri May 01 21:54:59 IST 2020