Gujarat High Court
Sachin Ramchandra Rane & 2 vs State Of Gujarat on 24 January, 2014
Author: Anant S. Dave
Bench: Anant S. Dave
R/CR.MA/16863/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO.
16863 of 2013
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SACHIN RAMCHANDRA RANE & 2....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 3
MS HANSA PUNANI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 24/01/2014
ORAL ORDER
1. This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at C.R. No. I3 of 2013 with D.C.B. Police Station, District:
Surat for the offences punishable under Sections 406, 420, 120B, 323, 506(2) and 188 of the Indian Penal Code and Sections 4, 5 and 6 of Prize Chit and Money Circulation (Banning) Act, 1978.
2. Learned counsel for the applicants submits that the applicants are neither the Director nor in any capacity are connected with Astha Group of Companies and their role was to supply their products and other items as demanded by the Astha Group of Companies. It is submitted that two other coaccused are considered for Anticipatory Bail by the coordinate Bench vide order dated 27.09.2013 [Coram : A. Page 1 of 6 R/CR.MA/16863/2013 ORDER J. DesaI, J.] passed in Criminal Misc. Application No. 12944 of 2013. In addition to the above, learned advocate for the applicants submitted that on the basis of additional affidavit filed before this Court about the legal status of the Company registered with Registrar of Companies under the Companies Act, 1956, an agreement entered into with the State Bank of India, registered with Government of Goa under the Food Safety and Standards Act, 2006 and possessing Export and Import licence issued by the Central government along with balance sheets of the relevant years and transaction that have taken place so far with the suppliers. It is, further submitted that the none of the applicants is Director or in any manner connected with Astha Group of Companies or even Blue Bird Wine in legal capacity and holding any position in the Company. It is, therefore, submitted that bearing supply of goods to Astha Group of Companies, no role of the applicants surface on the record and, therefore they are available for investigation and having their permanent residence in the State of Goa, having movable and immovable property and no criminal antecedent, may be considered for Anticipatory Bail.
3. As against the above, Ms. Hansa Punani, learned APP for the respondent - State contended that the applicants have nexus with Astha Group of Companies and even were found in the promotional marketing event of Blue Bird Wine and in photographs are present. In addition to above, even statement of witnesses and money circulation scheme floated. The Astha Group of Companies have categorically stated about the involvement of the applicants. Upon investigation so far carried out it is revealed that the applicants are not found in the State of Goa at the residence and it is further stated that Anticipatory Page 2 of 6 R/CR.MA/16863/2013 ORDER Bail application preferred by other coaccused came to be rejected vide order dated 27.09.2013 [Coram : A.J. Desai, J.] passed in Criminal Misc. Application No. 11374 of 2013 and other allied matters. It is submitted that interrogation of the applicants is necessary in view of the nature of allegations and the role so far surface on the record, and no anticipatory bail can be granted.
4. Having heard learned counsel for the parties and perusing the record of the case and upon considering overall facts and circumstances of the case, prima facie on perusal of the record there appears to be no nexus with Astha Group of Companies or Blue Bird Wine, of the applicants except that photograph of applicant no. 1 in the promotional marketing event by the Company. Besides, the applicants are Director of company represented by the applicants namely "Team24" Marketing India Pvt. Ltd., and has all valid and legal documents registered under the Food Safety and Standards Act, 2006 are given Certificate of ImporterExporter Code (IEC) by Government of India, Ministry of Commerce and Industry with a Certificate of Incorporation under the Companies Act, audited balance sheets and contract of supply of goods and other dealings appearing on record. Therefore, it cannot be said that the applicants are likely to skip the investigation and particularly by imposing conditions, they can be subjected to remain present before the Investigating Officer. So far as Anticipatory Bail rejected by coordinate Bench where the applicants had nexus with Astha Group of Companies and were representing such Company, no such case is noticed upon perusal of the police Papers. Thus, taking into consideration the facts of the case, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into Page 3 of 6 R/CR.MA/16863/2013 ORDER consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being C.R. No. I3 of 2013 with D.C.B. Police Station, District: Surat, the applicants shall be released on bail on furnishing a bond of Rs.1 lakh (Rupees One Lakh only) each with one surety of like amount on following conditions : [a] shall cooperate with the investigation and make himself available for interrogation whenever required.
[b] shall remain present at concerned Police Station on 10.02.2014 between 11:00 am to 2:00 pm:
[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
[d] shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
[e] will not leave India without the permission of the Court
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R/CR.MA/16863/2013 ORDER
and, if is holding a Passport, shall surrender the same before the trial Court immediately [f] It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
[g] despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining 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 learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, 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 anticipatory bail order.
7. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
8. 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 applicants on bail.
9. Rule made absolute. Application is disposed of accordingly.Page 5 of 6
R/CR.MA/16863/2013 ORDER
10. Direct service is permitted.
(ANANT S.DAVE, J.)
/phalguni/
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