Gujarat High Court
Shailesh Chandrakant Parikh vs State Of Gujarat on 20 October, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/18781/2022 ORDER DATED: 20/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 18781 of 2022
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SHAILESH CHANDRAKANT PARIKH
Versus
STATE OF GUJARAT
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Appearance:
MR SHALIN MEHTA, SR. ADVOCATE WITH MR. DHRURAJ M RANA(7939)
for the Applicant(s) No. 1
MR MITESH AMIN, PP WITH MR. MANAN MEHTA, APP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/10/2022
ORAL ORDER
1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.I- 05 of 2022 registered with ACB Police Station, Mahesana, for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120(B) of IPC and Sections 12, 13(1) and 13(2) of the Prevention of Corruption Act.
2. Heard Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. D.M. Rana, learned counsel for the applicant and Mr. Mitesh Amin, learned Public Prosecutor assisted by Mr. Manan Mehta, learned APP for the State.
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3. Brief facts leading to filing of present application are that:
The FIR, filed by the Joint Registrar (Market), State of Gujarat, accusing Vipul Chaudhary and others for the offences of cheating, forgery, fraud, criminal conspiracy, forgery for the purpose of cheating under the Indian Penal Code as well as under the provisions of Prevention of Corruption Act. The accused Vipul Chaudhary was the chairman of Mehsana District Mill Producers' Federation, popularly known as 'Dudhsagar Dairy' between 2005 to 20016. It is alleged that, during his tenure, he has misused his power and siphoned of money from the dairy. It is alleged that, he undertook "building capitalization work", hoarding worked for publicity, purchases of milk coolers and other commodities without tendering process. It is alleged that, accused Vipul Chaudhary had purportedly routed the ill-gotten funds through 31 companies. Out of 31, 4 such companies have been found to be registered with Registrar of Companies, which were found to be non- existed and their addresses were found to be fake. It is alleged that, he had opened so many bank accounts either in his name or in the name of families and others and made huge transactions. So Page 2 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022 R/CR.MA/18781/2022 ORDER DATED: 20/10/2022 far role of the present applicant Shailesh Parikh is concerned, it is alleged that he being Chartered Accountant has assisted the principal accused in creating the bogus companies for his criminal activities. In such circumstances, the applicant herein is arrested on 15.09.2022. Thereafter, he moved an application for regular bail before the Sessions Court, Mehsana, which came to be rejected vide order dated 03.10.2022. Being aggrieved with the order, the applicant is before this Court by this application.
4. Mr. Shalin Mehta, ld. Senior Counsel for the applicant urged the following contentions :-
(i) The applicant is roped in the alleged offence mainly on the ground that he was instrumental in creating the alleged companies. It is in this context, he submitted that, the FIR has been registered against the applicant with malafide intention as the applicant was appointed mainly as auditor by the Society to do internal audit and not for writing or keeping their books of accounts. The applicant is practicing Chartered Accountant and his company was appointed to undertake the internal audit works of the society. In such circumstances, he urged that, the scope of work so far case of the applicant is concerned was limited and he had rendered his Page 3 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022 R/CR.MA/18781/2022 ORDER DATED: 20/10/2022 services on professional basis.
(ii) That on perusal of the entire complaint, there is no specific allegation that he was directly or indirectly connected with the alleged companies and was beneficiary of the alleged act of irregularities.
5. In the aforementioned contentions, learned Senior Counsel would submit that, prima facie no offence as alleged made out against the applicant and there is no any reasonable ground to believe that the applicant has abetted the principal accused in commission of alleged offence. Thus, he prays that, so far role of the applicant is concerned, he was remanded for substantial period and qua him, investigation is virtually over and prosecution failed to point out that his further is necessary. Thus, therefore, discretion may kindly be exercised enlarging the applicant on bail.
6. Opposing the bail application, learned Public prosecutor Mr. Mitesh Amin appearing for the State contended that the accused is facing very serious charges of forgery and he was instrumental in creating bogus companies so as to enable the principal accused to transfer the ill-gotten money. In such circumstances, he submitted that, there is Page 4 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022 R/CR.MA/18781/2022 ORDER DATED: 20/10/2022 reasonable ground to believe that the accused has committed the offence and considering the stage of investigation, there is reasonable apprehension of witnesses being influenced by the applicant if bail is granted.
7. Having heard learned counsel for the respective parties and upon perusal of the contents of the FIR and investigation case papers, this Court is of prima facie view that the applicant had rendered his professional services towards internal audit of the organization of Dudhsagar Dairy. The prosecution failed to point out that the applicant being an auditor, was benefited by the alleged act of irregularities and siphoned of money alleged to have been undertaken by the principal accused. In such circumstances, considering the role attributed to the applicant herein and evidence in support of charge and status of the applicant accused, without expressing on merits of the case, I am inclined to release the applicant on bail.
8. Accordingly, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.I- 05 of 2022 registered with ACB Police Station, Mahesana, on executing a personal bond of Page 5 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022 R/CR.MA/18781/2022 ORDER DATED: 20/10/2022 Rs.25,000/- (Rupees Twenty Five Thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
Nos. Conditions
(a) not take undue advantage of liberty or
misuse liberty;
(b) not act in a manner injuries 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 Sessions Judge concerned;
(e) furnish latest 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 trial Court;
9. The Authorities concerned will release the applicant 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 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of Page 6 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022 R/CR.MA/18781/2022 ORDER DATED: 20/10/2022 the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(ILESH J. VORA,J) P.S. JOSHI Page 7 of 7 Downloaded on : Fri Oct 21 20:33:41 IST 2022