Gujarat High Court
Patel Deval Jaswantbhai vs State Of Gujarat on 5 May, 2022
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/8061/2022 ORDER DATED: 05/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8061 of 2022
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PATEL DEVAL JASWANTBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR YATIN OZA, SR. ADVOCATE with
MR ASHISH B DESAI(5163) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 05/05/2022
ORAL ORDER
1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I-C.R. No. 11209041211735 of 2021 registered with Prantij Police Station, Sabarkantha for offences punishable under sections 406, 409, 420 & 120B of IPC.
2. Mr. Yatin Oza, learned senior advocate assisted by Mr. Ashish Desai, learned advocate for the applicant submitted that as per the prosecution case, the present applicant appears to have accompanied his uncle Jayesh. The prosecution case suggests that employee Kishore Acharya of printing press had given the papers to Dharmesh, Mangesh, Kanabhai, Rajeshbhai. Dipak Mahendra Patel, who is serving with the present applicant had received the copy of the papers. Mr. Oza, learned senior advocate submitted that the present Page 1 of 5 Downloaded on : Sat Dec 24 16:21:07 IST 2022 R/CR.MA/8061/2022 ORDER DATED: 05/05/2022 applicant had accompanied his uncle Jayesh for receiving the papers from Dipak and as the prosecution case during the process about 10 papers were taken from the printer at the home of the present applicant. As per the allegation, six papers were sold by the father and four papers were sold by the father-in-law, who have been granted bail by this Court. Mr. Oza, learned senior advocate states that, thus according to the prosecution case, the applicant is not the beneficiary but at the most can be considered as a person who had aided the co- accused in procuring the copy of the question papers. Mr. Oza, learned senior advocate submits that there is no direct role of the applicant of having sold the question papers further. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.
3. Countering the same, Mr. Pranav Trivedi, learned APP submitted that the present applicant is at the epicenter. He is the person, who connected his uncle Jayeshbhai and his father and father-in-law, the papers were received from Dipak, who is an co-employee and the printer was seized from the house of the present applicant and whatsup chat between him and Dipak, suggests that there was some issue regarding the money, which was transferred during this transaction. It is submitted that Rs. 40 lakhs have been recovered from the co-accused Dipak. The chats suggests that the money was transferred by the present applicant and the co-accused Dipak and about Rs. 20 lakhs were recovered from the uncle Jayesh. It is submitted that in about total Rs. 33 Page 2 of 5 Downloaded on : Sat Dec 24 16:21:07 IST 2022 R/CR.MA/8061/2022 ORDER DATED: 05/05/2022 lakh were collected from the candidates, who aspired to appear in the examination. It is submitted that there is a big education scam and the present applicant is a Government servant and he was required to stop the crime rather he acted as a perpetrator of the crime. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.
4. Heard learned advocates on both the sides and perused the material on record. It appears that no money has been recovered from the present applicant. Prosecution case suggests that all the named relatives of applicant. Dipak and the present applicant had met at Vinay Hotel. The Investigating Officer has sent the footage for FSL examination. Call details have been analyzed, it appears that the whole family of the applicant were involved in the offence. The papers were further sold to ten of the aspirants but no monetary gain is alleged to have been received by the present applicant while the papers are alleged to have been sold by the father and father-in-law and uncle. The role which could be gathered from the prosecution case is that the present applicant had aided his family members to contact his co- employee Dipak. Father and father-in-law have already been granted bail. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.
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5. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I-C.R. No. 11209041211735 of 2021 registered with Prantij Police Station, Sabarkantha on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount 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 India without prior permission of the concerned trial court;
[e] furnish the present 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 concerned trial court;
6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 Page 4 of 5 Downloaded on : Sat Dec 24 16:21:07 IST 2022 R/CR.MA/8061/2022 ORDER DATED: 05/05/2022 appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) Salim/ Page 5 of 5 Downloaded on : Sat Dec 24 16:21:07 IST 2022