Gujarat High Court
Ketan Dhirajlal Patel vs State Of Gujarat on 21 January, 2019
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/23268/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23268 of 2018
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KETAN DHIRAJLAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR.S.V.RAJU, SENIOR ADVOCATE WITH MS. SAIRICA S RAJU(8761) for the
PETITIONER(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 21/01/2019
ORAL ORDER
1. This successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with F.I.R. registered as C.R.No. I - 02 of 2018 with C.I.D. Crime, Gandhinagar Zone, Gandhinagar for the offences punishable under Sections 364(A), 342, 365, 384, 119, 120(B), 166, 167, 201, 323, 506(2) and 504 etc. of the Indian Penal Code and under Sections 7, 15, 13(1)(A), 13(1)(D)(1)(2)(3) of the Prevention of Corruption Act.
2. This successive bail application has been filed by the present applicant subsequent to the order dated 03.10.2018 passed in Criminal Misc. Application No. 15023 of 2018, which reads as under:
"Mr.S.V.Raju, learned Senior advocate appearing on behalf of the applicant seeks permission to withdraw the present application at this stage with a liberty to file at an appropriate stage.
The applicant shall be at liberty to file a fresh application under Section 439 of the Code directly before this Court after the investigation is over qua Page 1 of 5 R/CR.MA/23268/2018 ORDER other accused, who has been recently arrested by the Investigating Agency and charge sheet is filed against him.
Permission, as prayed for is granted. The present application is dismissed as withdrawn. Rule is discharged."
3. It is the case of the applicant that another accused namely Nalin Kotadiya was not available, who was recently arrested at that time and investigation was going on and therefore, the application was not entertain. However, now, charge sheet is filed against the said Nalin Kotadiya and therefore, the present application is taken up for final hearing.
4. Mr. S.V.Raju, learned Senior Advocate Assisted by Ms. Sairica S. Raju learned advocate for the applicant, has placed a copy of order dated 14.12.2018 passed by the Coordinate Bench of this Court (Coram : Hon'ble Mr. Justice A.Y.Kogje) in Criminal Misc. Application No. 17540 of 2018, by which, the Coordinate Bench of this Court has considered the case of co-accused, which is facing similar charges. He further submits that as per the prosecution case, the accused was one of the conspirators from the beginning of the commission of offence and has extorted around 176 bit coins allegedly from Dhaval Mavani. He further submits that an application, which was submitted on behalf of Shailesh Bhatt, an FIR came to be lodged at the instance of the police officer himself is not available, who is a star witness in the present crime. He further submits that there is no discovery or recovery from the present applicant and even, there is no evidence against the present applicant, which suggests that the allegations of extortion of bitcoins or any amount prima-facie made out. He further submits that the applicant is behind the bars since 08.04.2018 and the investigation qua him is over and therefore, considering the Page 2 of 5 R/CR.MA/23268/2018 ORDER above aspects, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. Mr. Mitesh Amin, learned Public Prosecutor, opposes the grant of bail looking to the nature and gravity of offences. On inquiry, he submits that the accused is one of the conspirators from the beginning of the commission of offence and has extorted around 176 bit coins allegedly from Dhaval Mavani. He further submits that Mr. Shailesh Bhatt, who is an accused in another offence along with Paladiya with regard to the similar transaction of illegal transfer of bitcoins, is not available and warrant under Section 70 of the Code has already been issued against him.
6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing for the parties and perused the papers of investigation. Considered the fact that co-accused has been released by the Coordinate Bench of this Court (Coram : Hon'ble Mr. Justice A.Y.Kogje) vide order dated 14.12.2018 passed in Criminal Misc. Application No. 17540 of 2018. The investigation is over and charge sheet is filed against another accused namely Nalin Kotadiya and no further material has been placed subsequent to the investigation with regard to the Nalin Kotadiya. I have also considered the fact that charge-sheet is filed and the offences are triable by the learned Magistrate and the applicant is behind the bars since 08.04.2018. This Court has also taken into consideration the law laid down by the Honble Apex Court in the case of Sanjay Chandra versus Central Bureau of Investigation reported in (2012)1 SCC 40.
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8. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No. I - 02 of 2018 with C.I.D. Crime, Gandhinagar Zone, Gandhinagar on executing a bond of Rs.50,000/-(Rupees Fifty Thousand only) with two local sureties of Rs.25,000/- (Rupees Twenty Five Thousand) 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence at the concerned police station on every Monday for a period of six months and thereafter on any day of first week of each English Calender Month till the trial is over;
[f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
9. The Authorities 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 lower court having jurisdiction to try the Page 4 of 5 R/CR.MA/23268/2018 ORDER case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the 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.
10. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J) *F.S.KAZI......
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