Gujarat High Court
Satish Babubhai Patel Thro Parshottam ... vs State Of Gujarat on 17 May, 2019
Author: V. P. Patel
Bench: V.P. Patel
R/CR.MA/9513/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9513 of 2019
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SATISH BABUBHAI PATEL THRO PARSHOTTAM JAMNADAS SARANG
Versus
STATE OF GUJARAT
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Appearance:
JITENDRAKUMAR S KOTAI(8608) for the Applicant(s) No. 1
MR MANAN MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
RULE NOT RECD BACK(63) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE V.P. PATEL
Date : 17/05/2019
ORAL ORDER
1. The present application is filed by the accused through his friend - Parshottambhai Jamnadas Sarang to release the applicant on temporary bail on the ground of after death ritual of his son.
2. It is submitted that the accused son viz. Ajay Satisbhai Patel who has passed away on 8.5.2019 and at the time of after death rituals his son, his presence is required.
3. Learned Additional Public Prosecutor submitted that on inquiry about the demise of his son, it is found that it is an absolutely false and bogus ground has been raised in the application for the purpose of temporary bail. For the purpose of getting temporary bail, the applicant and accused-convict has produced the forged receipt of funeral house (Kabrastan). The applicant has also made false averments in the application on oath about the death of son of the accused. As such, the applicant - friend of the convict and convict are prima-facie guilty of the offence of perjury and also, for the offence of forgery.
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4. In support of his submission, Learned Additional Public Prosecutor has placed on record a letter dated 14.05.2019 written by the Police Inspector, Valsad City Police Station addressed to the learned Additional Public Prosecutor Mr. Manan Mehta, High Court of Gujarat with the documents and the statement recorded by the concerned Police Inspector. Learned Additional Public Prosecutor has further placed on record a letter dated 16.05.2019 written by the Police Inspector, Valsad City Police Station addressed to the learned Additional Public Prosecutor Mr. Manan Mehta, High Court of Gujarat with the statement of the wife of the applicant.
5. The following documents are considered by this Court :
Sr.No. Description of documents O.W.No./Reg.
No./No.
1 Letter dtd. 14.5.2019 written by Mr.H.J. Bhatt, P.I. Valsad City Police O.W. No.
Station, Valsad 2043/2019
2 Letter dtd. 14.5.2019 written by Mr.Mahendrasinh Jadeja, Office O.W.No.
Supri, DSP Office Valsad Vahat/CB
4/2019
3 FAX dtd.14.05.2019 sent by Office of the Govt. Pleader, High Court XXX
of Gujarat, Sola, Ahmedabad addressed to DSP Valsad. 4 Xerox copy of certificate No.2241 issued by Shri Krukshetra Samshan Trust Register Bhumi Jirnoddhar Trust I.e. (AnnexureB) at Pg. No.12 No.A/2091, Surat 5 Statement of Babubhai Khandubhai Patel recorded on 14.05.2019 by XXX the P.I. Valsad City Police Station, Valsad 6 Statement of Hasmukhbhai Chhotubhai recorded on 14.05.2019 by XXX the P.I. Valsad City Police Station, Valsad 7 Statement of Jigneshbhai Bharatbhai recorded on 14.05.2019 by the XXX Head Constable, Valsad City Police Station, Valsad 8 Letter dtd. 16.05.2019 written by Mr.H.J. Bhatt, P.I. Valsad Police O.W.No. Station Valsad 2103/2019 9 Statement of Sangitaben W/o Satis Babubhai Patel dated 16.05.2019 XXX recorded by P.I. Valsad City Police Station 5.1. On perusing the statement of the wife of the applicant, it transpired that the name of the wife of the applicant Satishbhai Babubhai Patel is Sangitaben. The statement is recorded on 16.05.2019. It is stated by her that she is staying with his father-in-
law. She has only one son whose name is Hemant. It is further Page 2 of 6 Downloaded on : Tue Jul 02 22:38:47 IST 2019 R/CR.MA/9513/2019 ORDER stated that my husband is in jail. No death of any relative is taken placed on 08.05.2019, those son name is Hemant. The copy of the receipt produced by the applicant with the application issued by the trust of the funeral place and on seeing copy of the receipt of the funeral place, she stated that she does not know the Satishbhai Babubhai Patel.
5.2. On perusing the statement of Babubhai Kandubhai Patel who is father of the applicant Satishbhai Babubhai Patel, statement of Hasmukhbhai Jogibhai Patel resident of Valsad and statement of Jignesh Bharatbhai Tandel, it transpired that there is no any person of the named Ajay Satishbhai Patel.
5.3. Considering the statement recorded by the Police Inspector and contents letter of the Police Inspector dated 14.05.2019 and 16.05.2019, it appears that the bogus receipt is produced with the application at Annexure-B. It appears that the application or person on behalf of the applicant or any other person have produced false receipt for getting temporary bail of the applicant-accused. This can be said to be an offence.
6. No further adjudication is required in the matter. Considering the above factual aspect, I am of the opinion that no case is made out for grant of temporary bail. Hence, the present application stands rejected. The convict be informed accordingly. Rule is discharged.
7. It is pertinent to note relevant provision of law as under :
7.1 Section 195(1) of the Code of Criminal Procedure:
(1) No Court shall take cognizance-
(a) ...
(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both Page 3 of 6 Downloaded on : Tue Jul 02 22:38:47 IST 2019 R/CR.MA/9513/2019 ORDER inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.
7.2. Section 195(4) of the Code of Criminal Procedure:
...Provided that-
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.
7.3. Section 340(1) of the Code of Criminal Procedure:
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-
section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-
section (4) of section 195.
(3) A complaint made under this section shall be signed,-
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(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.]
8. This Court has also gone through the provision of offence of IPC narrated in Section 195(b) (i) and 195(e)(ii) of Cr.P.C.
9. This Court has come across the ratio laid down by Apex Court in case of Pritesh vs. State of Maharashtra and others reported in 2002(1)SCC 253 / 2002(0) SCC (Cri), wherein it is held in Para-9 as under:
"Reading of the sub-section makes it clear that the hub of this provision is formation of an opinion by the court (before which proceedings were to be held) that it is expedient in the interest of justice that an inquiry should be made into an offence which appears to have been committed. In order to form such opinion the court is empowered to hold a preliminary inquiry. It is not peremptory that such preliminary inquiry should be held. Even without such preliminary inquiry the court can form such an opinion when it appears to the court that an offence has been committed in relation to a proceeding in that court. It is important to notice that even when the court forms such an opinion it is not mandatory that the court should make a complaint. This sub-section has conferred a power on the court to do so. It does not mean that the court should, as a matter of course, make a complaint. But once the court decides to do so, then the court should make a finding to the effect that on the fact situation it is expedient in the interest of justice that the offence should further be probed into. If the court finds it necessary to conduct a preliminary inquiry to reach such a finding it is always open to the court to do so, though absence of any such preliminary inquiry would not vitiate a finding reached by the court regarding its opinion. It should again be remembered that the preliminary inquiry contemplated in the sub-section is not for finding whether any particular person is guilty or not. Far from that, the purpose of preliminary inquiry, even if the court opts to conduct it, is only to decide whether it is expedient in the interest of justice to inquire into the offence which appears to have been committed."
10. It is relevant to note here that same types of incident brought to the notice of this Court during hearing of Criminal Misc. Application NO. 9515 of 2019. It is pertinent to note here that learned advocate Mr.J.S. Kotai is common in both the applications i.e. Criminal Misc. Application Nos. 9513 of 2019 and 9515 of 2019, though District are separate, he may throw some light on the incident.
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11. Considering the letters and statements produced on the record, this Court is of the opinion that there is no requirement to conduct preliminary inquiry. From record submitted in this case, prima facie it is found that offence referred to in clause (b) of sub- section (1) of the Section 195 of Cr.P.C., appears to have been committed in or in relation to a proceeding before this Court, in respect of a document produced or given in evidence.
12. Prima-facie, it appears that the applicant-friend of the convict, accused-convict or any of the persons are responsible for such acts. In the circumstances referred to above, the Registrar General of this Court is directed to depute a Police Officer attached to Vigilance Branch of the High Court to inquire or/and to investigate the case and initiate appropriate legal proceedings against the applicant- friend, the accused-convict or any other person involve in this case before the appropriate Court in accordance with law.
(V. P. PATEL,J) Pallavi Page 6 of 6 Downloaded on : Tue Jul 02 22:38:47 IST 2019