Gujarat High Court
Tapas Mandal @ Tapas Govind Mandal vs State Of Gujarat on 9 June, 2021
Author: A. S. Supehia
Bench: A.S. Supehia
R/CR.MA/8195/2021 ORDER DATED: 09/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8195 of 2021
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TAPAS MANDAL @ TAPAS GOVIND MANDAL
Versus
STATE OF GUJARAT
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Appearance:
MR HARNISH M PATEL(9978) for the Applicant(s) No. 1
MR. JAY K BAROT(9976) for the Applicant(s) No. 1
MR HIMANSHU PATEL, ADDL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 09/06/2021
ORAL ORDER
RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent - State.
[1] Heard the learned advocates for the respective parties by video conferencing.
[2] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.I- 123 of 2019 registered with Kalupur Police Station, Ahmedabad City for the offences under Sections 406 and 420 of the Indian Penal Code, 1860 and under Section 4 of the Prize Chits and Money Circulations Schemes (Banning) Act, 1978 and under Section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishment) Act, 2003.
[3] Learned advocate for the applicant submits that the nature of Page 1 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021 R/CR.MA/8195/2021 ORDER DATED: 09/06/2021 allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice.
[4] Learned advocate for the applicant, under instructions, further submits that applicant is ready and willing to deposit 1000 grams gold before the trial Court within a period of 30 days. The trial Court shall preserve such gold, as and when it is deposited by the applicant. The applicant shall file an undertaking before the trial Court to that effect, within a week.
[5] Learned advocate for the applicant submits that applicant and the complainant with other 26 members are the Gold Manufacture and Retail Shop owners in the Ahmedabad City and they have jointly formed a group for running gold deposit business, which is known as V. C. in short. The object of such V. C. is to deposit 1200 grams fold for 28 months and on rotation basis, each of the members intent do keep the said gold monthly. He further submits that, as per the complaint, during the charge of the said V. C., the applicant has misappropriated the gold deposited by the complainant, however, the applicant has not misappropriated the gold and the same is laying in the safe custody of his shop and due to pandemic situation he is residing at his native place at West Bengal and his shop as well as his house is closed.
[6] Learned advocate for the applicant further submits that there is nothing on record to show that the complainant had deposited the gold with the applicant in lieu of the said V. C. Scheme and in his complaint, complainant has stated that he has no evidence in respect of the alleged offence. Moreover, as stated by the complainant, there were around 28 members, who were part of this scheme, but none of the members other than present complainant Page 2 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021 R/CR.MA/8195/2021 ORDER DATED: 09/06/2021 has filed any complaint and complainant has not provided any details about such other members, which raises doubt upon genuineness of the complaint and therefore, applicant may released on anticipatory bail.
[7] It is also submitted by the learned advocate for the applicant that as per the complaint, alleged offence had occurred between 25.12.2018 to 25.11.2019 whereas the complaint was registered on 30.12.2019.
[8] Learned advocate for the applicant further submits that the applicant and the complainant were doing business of making gold ornaments and were competitors and also native of the same society in the State of West Bengal and also to grab all the deposits of such gold of VC and by that to damage the business and the reputation of the applicant, complainant has lodged false complaint.
[9] It is also submitted by the learned advocate for the applicant that if the offences as leveled against the applicant are pursued, then also the offences are punishable with less than 7 years imprisonment.
[10] Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions, including imposition of conditions with regard to powers of investigating agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the above facts, the applicant may be granted anticipatory bail.
Page 3 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021R/CR.MA/8195/2021 ORDER DATED: 09/06/2021 [11] On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondent- State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
[12] Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.
[13] This Court has considered following aspects;
(a) The applicant is ready and willing to deposit 1000 grams gold within 30 days and he is also ready to file an undertaking to that effect within a week.
(b) There is delay in registering the FIR.
[14] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020 SC 831.
[15] In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with FIR being C.R. No.I- 123 of 2019 registered with Kalupur Police Station, Ahmedabad on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that he :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 14.06.2021 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or Page 4 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021 R/CR.MA/8195/2021 ORDER DATED: 09/06/2021 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 by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
(g) shall file an undertaking that he shall deposit 1000 grams of Gold within 30 days and accordingly deposit such gold within such period. It goes without saying that if the applicant fails to deposit the gold as recorded herein above, the same would entail the cancellation of anticipatory bail granted in his favour.
[16] Despite this order, it would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the concerned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the concerned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining the application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the concerned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this Page 5 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021 R/CR.MA/8195/2021 ORDER DATED: 09/06/2021 anticipatory bail order.
[17] At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
[18] The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Registry is directed to send a copy of this order to the concerned authority/court through Fax message, email and/or any other suitable electronic mode.
[19] Learned advocate for the applicant is also permitted to send a copy of this order to the concerned authority/court through Fax message, email and/or any other suitable electronic mode.
(A. S. SUPEHIA, J) DRASHTI K. SHUKLA Page 6 of 6 Downloaded on : Fri Jun 11 00:16:54 IST 2021