Gujarat High Court
Rameshbhai Valjeebhai Chaudhary & ... vs State Of Gujarat on 20 October, 2016
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
R/CR.MA/24556/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR ANTICIPATORY BAIL)
NO. 24556 of 2016
With
CRIMINAL MISC.APPLICATION NO. 24559 of 2016
With
CRIMINAL MISC.APPLICATION NO. 24733 of 2016
With
CRIMINAL MISC.APPLICATION NO. 24737 of 2016
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RAMESHBHAI VALJEEBHAI CHAUDHARY & OTHERS....Applicants
Versus
STATE OF GUJARAT....Respondent
=============================================
Appearance :
Criminal Misc. Application No. 24556 of 2016
MR HRIDAY BUCH, ADVOCATE for
MR PS CHAUDHARY, ADVOCATE for the Applicants
MR MITESH AMIN, PUBLIC PROSECUTOR with
MR RASHESH RINDANI, APP for the Respondent-State
Criminal Misc. Application No. 24559 of 2016
MR HRIDAY BUCH, ADVOCATE for
MR PS CHAUDHARY, ADVOCATE for the Applicant
MR MITESH AMIN, PUBLIC PROSECUTOR with
MR RASHESH RINDANI, APP for the Respondent-State
Criminal Misc. Application No. 24733 of 2016
MR SHALIN MEHTA, SR. ADVOCATE with
HL PATEL ADVOCATES, ADVOCATE for the Applicant
MR MITESH AMIN, PUBLIC PROSECUTOR with
MR RASHESH RINDANI, APP for the Respondent-State
Criminal Misc. Application No. 24737 of 2016
MR SHALIN MEHTA, SR. ADVOCATE with
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R/CR.MA/24556/2016 ORDER
HL PATEL ADVOCATES, ADVOCATE for the Applicant
MR MITESH AMIN, PUBLIC PROSECUTOR with
MR RASHESH RINDANI, APP for the Respondent-State
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 20/10/2016
ORAL ORDER
1. These are the applications for anticipatory bail.
2.1 The applicants are the accused and apprehend their arrest in connection with the following two FIRs.
2.2 Criminal Misc. Application No. 24556 of 2016 is qua CR-I No. 92 of 2016 registered with the Kodinar Police Station, District: Gir Somnath for the offences punishable under Sections 409, 465, 468, 471 and 114 of the Indian Penal Code and Sections 16(1) and 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
2.3 Criminal Misc. Application No. 24559 of 2016 is qua CR-I No. 62 of 2016 registered with the Sutrapada Police Station, District: Gir Somnath for the offences punishable under Sections 406, 409, 420, 465, 468, 471 and 34 of the Indian Penal Code.
2.4 Criminal Misc. Application No. 24733 of 2016 is qua CR-I No. 62 of 2016 registered with the Sutrapada Police Station, Page 2 of 5 HC-NIC Page 2 of 5 Created On Tue Nov 29 00:28:29 IST 2016 R/CR.MA/24556/2016 ORDER District: Gir Somnath for the offences punishable under Sections 406, 409, 420, 465, 468, 471 and 34 of the Indian Penal Code.
2.5 Criminal Misc. Application No. 24737 of 2016 is qua CR-I No. 92 of 2016 registered with the Kodinar Police Station, District: Gir Somnath for the offences punishable under Sections 409, 465, 468, 471 and 114 of the Indian Penal Code and Sections 16(1) and 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
3. Heavy reliance is placed by the learned advocates for the applicants on the order passed by this Court dated 07.09.2016 recorded on Criminal Misc. Application no.20236 of 2016 qua the co-accused (Vinodbhai Ramabhai Ravaliya), who is granted anticipatory bail.
4. Having heard Mr.Shalin Mehta, learned senior advocate and Mr.Buch, learned advocate for the applicants and Mr.Mitesh Amin, learned Public Prosecutor for the State, the picture which has emerged before this Court is as under.
5. Pursuant to the earlier order of this Court dated 14.10.2016, the applicants have remained present before the concerned Investigating Officer for questioning. The questioning of said Mr.Ravaliya - the applicant of Criminal Misc. Application No.20236 was also required. As one of the conditions of anticipatory bail granted vide order dated 07.09.2016, he was required to co-operate in the investigation Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Nov 29 00:28:29 IST 2016 R/CR.MA/24556/2016 ORDER and make himself available for interrogation whenever required. It is reported that, inspite of being called, he did not remain present. It prima facie appears to be a breach of the condition imposed by this Court, however appropriate course can be adopted by the State separately. At this stage, it is also noted that when the said order was passed by this Bench, only that the applicant was before this Court and now there are four more accused before this Court. The investigation has gone further. At this stage of investigation, it transpires that the perception which this Court had at the relevant time, was on the basis of the material gathered till that point of time and at this stage, some reconsideration of the bail granted in favour of said Vinodbhai Ramabhai Ravaliya in Criminal Misc. Application No. 20236 of 2016 may be required. Since he is not party before this Court in this group of applications, it would be unfair to record any thing further qua him. Liberty is reserved to the State Authorities to do needful in that regard, including seeking appropriate clarification / review of that order.
6. Learned Public Prosecutor has submitted, on the basis of the material gathered during the course of Investigation so far, that from the government exchequer, substantial amount is paid by the accused to the private parties, and substantial amount therefrom has been given back by those private parties to the accused. It is submitted that some amount is even paid by cheque to the accused (officers) by the accused (traders). This aspect would need further scrutiny, including qua the person - Mr.Ravaliya who is already granted anticipatory bail. To enable the State Authorities to do needful in this regard, further hearing is adjourned to 17.11.2016.
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R/CR.MA/24556/2016 ORDER
7. In the meantime, it would be open for the Investigating Officer to summon the present applicants, on the dates convenient to the State Authorities, when the presence of the co-accused - Mr.Ravaliya can also be secured.
8. Interim protection granted by this Court earlier to continue till the next date of hearing.
Direct service is permitted.
(PARESH UPADHYAY, J.) M O Bhati/49-50-52-53 Page 5 of 5 HC-NIC Page 5 of 5 Created On Tue Nov 29 00:28:29 IST 2016