Gujarat High Court
Prafulkumar Himmatbhai Sojitra vs State Of Gujarat on 11 April, 2022
Author: A. S. Supehia
Bench: A.S. Supehia
R/CR.MA/336/2022 ORDER DATED: 11/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 336 of 2022
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PRAFULKUMAR HIMMATBHAI SOJITRA
Versus
STATE OF GUJARAT
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 11/04/2022
ORAL ORDER
1. Heard the learned advocates for the respective parties.
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.11200010211771 of 2021 registered with Valsad Town Police Station, District Valsad for the offences under Sections 465, 468, 471 and 114 of the Indian Penal Code, 1860 (IPC) and Sections 65A, 65(e), 81, 98(2) and 116B of the Gujarat Prohibition Act, 1949.
3. The impugned F.I.R. has been lodged by the Assistant Police Constable, L.C.B. Valsad, alleging that on 24.09.2021, when the first informant along with the other Police personnel Page 1 of 8 Downloaded on : Tue Apr 12 21:03:54 IST 2022 R/CR.MA/336/2022 ORDER DATED: 11/04/2022 were in patrolling, they received a secret information that two unidentified persons are transporting illegal consignment of liquor in a grey colour TATA Harrier Car bearing RTO registration No.GJ-15-CK-7562 and is currently passing through the Bagwada Tollnaka and on the basis of such infromation, the first informant along with other Police personnel went to the place and set a watch and after a toiling effort, caught the accused Nos.1 and 2 with the car and upon the search of the said car, the Police found 1356 bottles containing 481.560 litres of Indian made Foreign Liquor worth of Rs.2,77,200/- in total and also found two spare RTO registration plate bearing RTO registration No.GJ-05-RG-9218 and upon investigation, it was found that the true RTO registration number of the said TATA Harrier Car impounded by the Police was GJ-05-RG- 9218 and not GJ-15-CK-7652 and, therefore, addition of Sections, 465, 468, 471 and 114 of the IPC was made. The impounded TATA Harrier car is registered in the name of the applicant.
4. Learned advocate for the applicant has submitted that when the applicant came to know about the involvement of his car in the alleged offence, he lodged a criminal complaint against four persons, wherein he revealed the truth that he had given the impounded car used in the Page 2 of 8 Downloaded on : Tue Apr 12 21:03:54 IST 2022 R/CR.MA/336/2022 ORDER DATED: 11/04/2022 alleged offence to the accused persons named therein against a credit of Rs.1,35,000/- on interest and since 15.05.2021, the said car of the applicant used in the alleged offence was in the custody of the accused named therein and later on, they without the knowledge of the applicant, used the car of the applicant in the alleged offence. It is submitted that there is no legal material on record to proceed against the applicant and as such, the offence under the Prohibition Act as alleged therein is not made out against the applicant. It is submitted that the applicant is a businessman by profession and is a Director of M/s.Ruhi Fabrics Private Limited, incorporated under the provisions of the Companies Act, 2013 having its place of business at 194, Valam Nagar Society-A, Varachha Road, Simada Gam, Surat. He has submitted that the company of the applicant is also registered under the GST Act. It is submitted that an Importer- Exporter Code (IEC) has been generated in the name of M/s.Ruhi Fabrics Private Limited, wherein the applicant is the signatory of the said IEC.
4.1 Learned advocate for the applicant submitted that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submitted that the applicant will keep himself available during Page 3 of 8 Downloaded on : Tue Apr 12 21:03:54 IST 2022 R/CR.MA/336/2022 ORDER DATED: 11/04/2022 the course of investigation, as well as trial also and will not flee from justice.
4.2 Learned advocate for the applicant, on instructions, submitted 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 submitted 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, submitted that considering the above facts, the applicant may be granted bail.
5. On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of bail looking to the nature and gravity of the offence.
6. 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 bail to the applicant.
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7. This Court has considered following aspects;
(a) that the applicant is not named in the F.I.R.;
(b) that the applicant has been made accused in the alleged offence merely on suspicion;
(c) that the impounded car used in the offence was given to the accused against a credit of Rs.1,35,000/- on interest and car was in custody of the accused;
(d) that there is no legal material on record to proceed against the applicant;
(e) that the consignment was neither recovered or discovered from the possession of the applicant not he is the purchaser or supplier of the said consignment;
(f) Prima facie considering the facts of the case, the custodial interrogation of the applicant is not necessary at this stage;
Looking to the over all facts and circumstances of the present case, I am inclined to consider the case of the applicant.
8. This Court has also taken into consideration the law laid down by the Apex Court in the cases of Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020 SC 831 and Siddharam Satlingappa Mhetre vs State of Maharashtra, AIR 2011 SC 312.
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9. 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 IR being C.R.No.11200010211771 of 2021 registered with Valsad Town Police Station, District Valsad 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 19.04.2022 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or 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;Page 6 of 8 Downloaded on : Tue Apr 12 21:03:54 IST 2022
R/CR.MA/336/2022 ORDER DATED: 11/04/2022
(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.
10. Despite this order, it would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant, if he considers it proper and just and the Magistrate would decide if on merits. 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 bail order.
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11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
12. 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.
13. 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.
Sd/-
(A. S. SUPEHIA, J) NVMEWADA Page 8 of 8 Downloaded on : Tue Apr 12 21:03:54 IST 2022