Gujarat High Court
Vikrambhai Devjibhai Sohala vs State Of Gujarat on 16 March, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/13543/2021 ORDER DATED: 16/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 13543 of 2021
With
R/CRIMINAL MISC. APPLICATION NO. 17944 of 2021
With
R/CRIMINAL MISC. APPLICATION NO. 17928 of 2021
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VIKRAMBHAI DEVJIBHAI SOHALA
Versus
STATE OF GUJARAT
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Appearance:
MR ND NANAVATY & MR BB NAIK, SR. ADVS. WITH MR ASHISH M
DAGLI(2203) for the Applicants
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 16/03/2022
COMMON ORAL ORDER
1. All the applications arise out of one and same FIR and therefore, they were heard and disposed of by this common order.
2. Apprehending the arrest, the applicants seek pre-arrest bail, under Section 438 of the Code of Criminal Procedure, in connection with the FIR being CR. No. 11208037210616 of 2021 registered with Kuvadva Road Police Station, District: Rajkot for the offences punishable under Sections 306, 465, 477, 120B read with Section 114 of the IPC.
3. Facts and circumstances giving rise to file the present applications, are that one Mahant (Monk) Jayramdas Guru Premdas, aged about 60 yrs, committed suicide by consuming poisonous substance. The incident of suicide took place on 01.06.2021. Since many years, Page 1 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 deceased had established the Ashram, named as "Khodiyar Dham Ashram Education & Charitable Trust" - charitable institution, situated at village: Kagdadi, Morbi-Rajkot Road, Dist.: Rajkot, mainly working for animals like cow etc. The deceased was President of the Trust and was looking after the entire management of the Trust. In all 9 Trustees were appointed as Trustees. Out of 9 Trustees, 2 Trustees were family members of the deceased namely present applicants Alpesh Pratapbhai Solanki and Hiren Laxman Jadav, whereas, co-accused, Rakshit Vasantbhai Kalola being a Trustee, was appointed as Secretary in the Trust.
Initially, for a period of 3 years, the applicants herein namely, Alpesh Prajapati and Hitesh Laxman Jadav, joined the Trust and were resided at the Ashram with the deceased. Before the incident, the niece of the deceased namely Dhara Jadav was also stayed at the Ashram as she was serving as a 'midwife' with Lajai PHC, nearby the place of Ashram. The applicant Vikram Sohela used to come at the place to serve the Gaushala. After the incident dated 01.06.201 the after-death ceremony was performed on 02.06.2021. The ashes of the deceased were immersed in holly river Ganga at Haridwar by Trustees. One Jitendrasinh Jadeja, Trustee, after returning back from the Haridwar, opened the room of the deceased and found one suicide note running into 20 pages alleged to have been written by the deceased, wherein, deceased has referred the names of applicants herein for the alleged harassment, physical torture and blackmailing stating inter-alia that, they had shoot his 6 different videos in a compromising position with 2 girls. It is alleged that the deceased was subjected to harassment by the applicants for monetary benefits and to acquire trust property. It is Page 2 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 alleged that till date of the incident, he was harassed, cheated and suffered bodily injury. The CC TV footage of Ashram dated 30.05.2021 shows the presence of Vikram Sohela and Rakshit Kaloka at the scene of place and it is alleged that Vikram Sohela, as a part of conspiracy inflicted stick blow and thereafter, with the intervention of Rakshit Kalola, matter was settled. It is also alleged that on the different dates, the deceased had lent Rs.21,00,000/- to Alpesh Prajapati for his business, however, he did not repay it and was asking for more amount to purchase residential flat at Rajkot. In the suicide note, it is alleged that under the threat and coercion, the deceased compelled to admit the alleged act of video clips and after his admission, the harassment and torture was continue till last day of his suicide. The deceased was under constant fear and was worried about identity of 2 girls, as if the video clips goes viral, then it will severally affect the credentials and character of the girls. Deceased stated that he left with no option but to end his life as now for him, it is unbearable to sustain the harassment for which deceased has specifically alleged that the applicants herein are responsible for his death.
In the aforesaid facts, the office bearers of the Trust lodged an FIR for the offences as referred above. After the registration of the offence and during the course of investigation, it reveals that the co-accused Dr. Nilesh Nimavat and Secretary - Rakshit Kalola, tried to establish the death of deceased as natural death. Doctor with his good office, admitted the deceased at private hospital, where, it was mentioned that the death of the deceased is due to cardiac arrest. The authority concerned, while issuing the death certificate, also observed the certificate of private hospital, and Page 3 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 therefore, PM of the deceased was not conducted. Both the co- accused have been arraigned as an accused in the offence. The IO of the case moved an application for addition of Section 465, 477 and 120B of the IPC before the concerned court.
4. The applicants herein moved an anticipatory bail applications before the Sessions Court, Rajkot, which came to be rejected, by the Court observing that the offence alleged is serious and grave in nature and the involvement of the applicants in the alleged offence are prima- facie proved.
5. This Court has heard Mr. B.B. Naik, learned senior advocate, Mr. N.D. Nanavaty, learned Senior advocate, assisted by Mr. Ashish Dagli for the applicants and Mr. Manan Mehta, learned APP for the respondent State.
6. It was submitted by the learned Senior advocate Mr. B.B. Naik for applicant Vikram Sohela, that the applicant was neither Trustee nor part of day to day affairs of the Trust. Referring to the facts of the FIR, it was submitted that the applicant herein was not part of the alleged video shooting nor any allegations being made to that effect in the suicide note. It was submitted that allegations against the applicant is absolutely general and vague, which cannot be said that the applicant has instigated or there was any mens-rea on his part that deceased should commit suicide. Thus, therefore, it was his submission that no prima-facie offence of abetment to suicide is made out against the applicant. The applicant Vikram Sohela has cooperated with the investigation and his custodial interrogation is not necessary and now, no useful purpose would serve to send him Page 4 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 behind the bar.
7. Learned Senior counsel Mr. N.D. Nanavaty for the applicants -
Alpesh Pratapbhai Solanki & Hitesh Laxmanbhai Jadav, submitted as under:
(i) On the issue of delay in lodging the FIR, it was submitted that the presence of other Trustees were there at the place, however, they did not opt to lodge an FIR. Thus, present FIR after delay of 8 days, is being filed with oblique motive.
(ii) For establishing charge under Section 306 of IPC, there should live link with the death of deceased and act of the accused. Here, the alleged video clip being shoot before one and half year of the date of offence. Thus, therefore, the offence under Section 306 is prima-facie not established.
Thus, therefore, the facts of suicide note as mentioned in the FIR, accepted as it is in its entirety, no prima-facie offence of instigation and/or abetment of suicide is made out against the applicants.
(iii) The co-accused having extended the benefits of anticipatory bail by the Co-ordinate Bench of this Court and therefore, applying the principle of parity, case of the applicants may be considered for pre-arrest bail.
(iv) It was submitted that admittedly no PM was performed by the doctor, therefore, nothing on record to determine the exact cause of death i.e. whether it is natural or suicidal. Thus, the basic pre-condition to attract Section 306 of IPC is Page 5 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 not fully established.
In view of the aforesaid contentions, learned Senior counsel submitted that the facts of the FIR disclosed that since long the applicants have left the place and were not taking the day to day affairs of the Trust management. Thus, considering this aspects, it cannot be said that the applicants herein have abetted the alleged act of suicide. The applicants herein have cooperated the investigation and they having roots in the society and their custodial interrogation is also not necessary.
8. On the other hand, learned APP Mr. Manan Mehta appearing for the State has vehemently opposed the applications and submitted that the investigation is still pending as without the custodial interrogation of the applicants, the IO could not investigate the case properly on the subject of illegal shooting of video as alleged in the suicide note. It was submitted that the suicide note itself indicates that the applicants are responsible for abetting the suicide of the deceased and there is sufficient material to establish that the applicants herein actively participated in the alleged offence and deceased was harassed, tortured and blackmailed by showing the video clips and thereby, accused have extorted huge amount of money. It was further submitted that considering the role of present applicants herein and the gravity and seriousness of the offence, no case is made out for anticipatory bail.
9. Heard Learned Senior counsels and perused the records.
10. Having regard to the facts and circumstances of the present case, it appears that the case of the prosecution is based on the suicide note, Page 6 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 which is found from the room of the deceased. In the suicide note, it is mentioned that the applicant Alpesh and Hitesh were family members of the deceased and in initial days, they were resided with deceased and doing their business for which, the deceased had lent Rs.21,00,000/- on different days to Alpesh. It also reveals from the investigating papers that with the aid of one lady witness, the alleged 6 video clips were being shoot from the mobile by the applicants Alpesh and Hitesh and thereafter, deceased was harassed and mentally any physically tortured by them. The deceased in his suicide note, expressed his anguished towards the alleged video shooting, as according to reasons assigned in the suicide note, he was innocent and without any fault, he was compelled to admit the alleged act. Even on the last day, the applicant Vikram Sohela came at the place and beaten him with stick, and same has been captured in the CC TV footage and recovered by IO.
11. In the aforementioned stated facts, this Court is of prima-facie considered view that, the opinion of the hand writing expert confirmed that the hand writing of the suicide note is of the deceased. The suicide note running into 20 pages, speaks voluminous the acts of the applicants and it is indicative of cause of death also. Thus, the contention raised by the learned Senior Counsel for the applicants that the cause of death still is not on record. However, at this stage, prima-facie, it appears that the deceased committed suicide by consuming poisonous substance. The allegations alleged against the applicants are grave and serious. With the aid of video clips, the applicants were remained in the contact of deceased. The investigating papers reveal that the applicants, with the aid of woman witness, through their mobile, made video clips on Page 7 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 the different dates, to show the deceased in compromising position with girls. In these background facts, at this stage, it cannot be said that the applicants herein have been falsely roped in the alleged offence. The video clips lying in the mobiles of the applicants, still yet to be recovered, for which, there is total non-cooperation on the part of the accused and therefore, the custodial interrogation for fruitful investigation is utmost necessary. If anticipatory as prayed for is granted, then, it will hamper the investigation and to some extent, it directly affect the investigation of the offence. It is submitted that there is no evidence of abetment even from the contents of the suicide note. In this aspect reference can be made on the case of Chitreshkumar Chopra Vs. State of Delhi, AIR 2010 SC 1446, wherein, the Apex Court while dealing with the term 'instigation' held that the instigation is goad, urge forward, provoke, incite or encourage to do 'an act'. It is held that to satisfy the requirement of instigation, though it is not necessary that actual words must be used to that effect, or what constitutes instigation must necessarily and specifically be suggestive of the consequence. It is further observed that where the accused had by his act or omission or by a continuous course of conduct, created, such circumstances that the deceased was left with no other option, except to commit suicide, in which case, as instigation will have to be inferred. In the facts of the present case, there is specific allegation made against the applicants herein and as a continuing course of their conduct, the incident took place. The issue of live link with the death of the deceased and act of the accused is a question of evidence. The applicants are not entitled to claim the principle of parity. The role of the co-accused, who have granted benefits of anticipatory bail, are distinct and different as they are facing the Page 8 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022 R/CR.MA/13543/2021 ORDER DATED: 16/03/2022 charge of creating false cause of death.
12. For the foregoing reasons, considering the role attributable to the present applicants in the alleged crime and available material as well as peculiar facts of the present case, as discussed hereinabove, this Court is of the considered view that prima-facie, there is reasonable ground to believe that the applicants herein have committed the alleged offence and therefore, without entering into the merits of the case, no case is made out for exercise of power to grant anticipatory bail.
13. In the result, present applications fail and stand dismissed. Rule is discharged. Interim relief stand vacated. Registry is directed to keep copy of this order in each matter.
(ILESH J. VORA,J) P.S. JOSHI Page 9 of 9 Downloaded on : Wed Mar 23 20:16:45 IST 2022