Gujarat High Court
Parshottam Chandulal Bhanushali vs State Of Gujarat on 14 May, 2026
NEUTRAL CITATION
R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026
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Reserved On : 10/02/2026
Pronounced On : 14/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22036
of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
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Approved for Reporting Yes No
✔
========================================================== PARSHOTTAM CHANDULAL BHANUSHALI Versus STATE OF GUJARAT ========================================================== Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1 MS ROMA I FIDELIS(3529) for the Respondent(s) No. 1 NIKET N MODI(9498) for the Respondent(s) No. 1 MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI CAV ORDER
1. The applicant who is apprehending arrest at the hands of Umargam Police Station, District Valsad has preferred the present bail application under Section 482 of the BNSS, 2023 praying for anticipatory bail. The offence is alleged to have been committed under sections 308(2), 308(5), 308(6), 61(2), 351(3) and 352 of the BNS, 2023. The FIR in question came to be Page 1 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined registered vide Part-A I CR No. 11200045250327 of 2025 on 11.03.2025.
2. The applicant by way of his application has submitted that, no prima facie case is made out against him. Though the alleged incident is said to have taken place on 06.03.2025, the FIR came to be registered on 11.03.2025, without there being any explanation about the delay. The facts mentioned in the FIR as regards the resignation letter from board of directors, share transfer agreement, several forms and the compromise deed on the letter pad of Rashi Agro Industries being forcibly executed on 06.03.2025, are absolutely incorrect. The applicant has further stated that, the original complainant and his cousin brother namely Sumit, who were directors of the Rashi Agro Industries of which, one company is functional at Umargam in the name of Rashi Agro Industries Pvt. Ltd., whereas, the other company is at Mumbai in the name of Panjo Property LLP, wherein, the applicant is also having his stake. It is further mentioned that, it was agreed upon by the present applicant that, he would resign from Panjo Property LLP, and in turn the original complainant and his cousin would let go their shares from Rashi Agro Page 2 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined Industries Pvt. Ltd.
2.1. It is also stated that, the settlement between them was arrived at in the month of December 2024, and therefore, the shares of the original complainant and his cousin in Rashi Agro Industries Pvt. Ltd. were transferred in the name of the applicant's daughters namely Rashi and Bhavini. The entire incident which is mentioned in the FIR is a got-up one. The applicant herein, had also given one complaint against the original complainant before the Umargam Police Station on 19.12.2024, wherein, it was stated by him that some documents were taken away by the relative of the original complainant, and the CCTV camera was switched off. The settlement was arrived at on 06.03.2025 at the police station and one settlement deed was also executed wherein, it was also agreed upon to settle the business dispute amongst the original complainant and his cousin and the present applicant, and it was also agreed between them that, the dispute as regards complaint dated 19.12.2024 was also resolved.
2.2. It is further mentioned that, the settlement deed in Page 3 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined connection with the application dated 19.12.2024, is in custody of the investigation agency. The applicant has further mentioned that, on 06.03.2025 pursuant to the settlement, the applicant had also signed one document as regards he resigning from the Panjo Property LLP, and thus, the allegations leveled in the FIR are absolutely false and frivolous. It is further mentioned that, the entire dispute is of civil nature pertaining to the business dealings of the parties, and thus considering the said aspect, the present application be allowed.
3. Heard Learned Senior Advocate Mr. Jal S. Unwala, assisted by Mr. Adil R. Mirza learned advocate for the applicant. Learned Senior advocate Mr. Unwala has reiterated the averments of the application and has taken the Court through the entire evidence which has been placed on record. According to Mr. Unwala, the applicant, his wife and his daughters were the partners in Rashi Agro Industries Pvt. Ltd., whereas, in Panjo Property LLP, the applicant had 40% share, whereas Rashi Agro Industries Pvt. had 20% share, and the original complainant and his cousin brother had 20% shares each. Mr. Unwala has forcefully submitted that, it was the present applicant who had filed the complaint in the first Page 4 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined instance against the original complainant on 19.12.2024, and subsequently, a compromise in view of the same was effected between the parties.
3.1 According to Mr. Unwala, though the compromise was arrived at between the parties, the original complainant had preferred a written complaint before the Police Inspector of Umargam Police Station on 08.03.2025, and thereafter, the present FIR came to be lodged on 11.03.2025. Mr. Unwala has forcefully submitted that, the entire dispute between the parties is of commercial nature, which has been given colour of criminal litigation. Hence, considering all these facts and the documents which have been annexed with the application, the present application be allowed, and the applicant be granted anticipatory bail.
4. Heard Learned Senior Advocate Mr. Sudhir I. Nanavati, assisted by Ms. Roma I. Fidelis, learned advocate for the original complainant. Mr. Nanavati has submitted that, on 06.03.2025 i.e., the date of incident, the signatures of the original complainant and his cousin were obtained under coercion that, both of them Page 5 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined must resign from Rashi Agro Industries Pvt Ltd. 4.1. Mr. Nanavati has drawn the attention of the Court towards the fact that, the compromise which was arrived at between the parties on 06.03.2025 was put down in writing, was not to be used before the Registrar of Companies (for short 'ROC'), and in spite of the said condition, it was put up before the ROC. Mr. Nanavati has also stated that, the letter which was written by the applicant to the Police Inspector of Umargam Police Station is not signed, and the compromise which was arrived at between the parties on 06.03.2025, was under coercion. The dispute between the parties though appears to be commercial in nature, in fact, it is not so. The applicant and other co-accused had forced the original complainant and his cousin brother to sign the documents related to resignation letter from the Board of Directors, share transfer agreement, several forms, compromise letter etc. Hence, considering such facts, Learned Senior advocate Mr. Nanavati has urged the Court to reject this application.
5. Heard Learned APP Ms. Jirga Javeri for the Respondent- Page 6 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026
NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined State who has adopted the arguments of learned Senior advocate Mr. Sudhir I. Nanavati. She has further submitted that, Rashi Enterprise and Rashi Agro Pvt. Ltd. have different premises. The arrest warrant has already been issued against the applicant. The DVR and footages of the CCTV cameras, both, are unavailable. The DVR was very much in the custody of the accused. There are statements of witnesses implicating the present applicant. The entire incident had occurred in the office of Rashi Enterprise. Hence, this Court should not exercise discretion in favour of the applicant.
6. At the outset, the FIR came to be lodged by one Rajesh Lakhmashi Nisar on 11.03.2025 against the applicant, his wife, his daughter, one Jagdishbhai Manjibhai Bhanushali and four unknown persons, who had come in an Ertiga car. It is alleged in the FIR that, the applicant and the other co-accused had threatened and coerced the original complainant and his cousin and had made them sign documents viz, resignation letter of board of directors, share transfer agreement, several forms and the compromise letter on the letter pad of Rashi Agro Industries. Though it was decided that, the original complainant and his Page 7 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined cousin brother would retire from Rashi Agro Industries Private Limited as its directors upon completion of all legal formalities, however, the said documents were misused by the applicant, without completing the said formalities.
6.1. It also appears that, there was a dispute between the applicant, the original complainant and his cousin brother because of which, it was decided that the original complainant and his cousin would retire from Rashi Agro Industries Private Limited as its directors.
6.2. It would be apposite to refer to the letter which was jointly written by the applicant, the original complainant and his cousin to the police officer of Umargam Police Station on 06.03.2025. The said letter mentions about signatures of the original complainant and his cousins having been taken on various documents pertaining to Rashi Agro Industries and though, initially a line was written that, 'the said signatures were forcibly taken', thereafter the words 'forcibly taken' were scratched off. It is also mentioned in the said letter that, the original papers were with the applicant, who would not use any of those papers for Page 8 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined the purpose of bank loan, change of names with the ROC and the applicant would submit all the original papers before the Umargam Police Station on 07.03.2025. It is also mentioned in the said letter that, the original complainant and his cousin would willingly and readily resign/relieve themselves as partners of Rashi Agro Industries. It is also mentioned in the said letter that, the original complainant and his cousin would willingly and readily resign as partners from Rashi Agro Industries. However, the applicant herein, had misused the said documents and had got the names of the original complainant and his cousin removed as directors of Rashi Agro Industries, without settling the dues with them.
6.3. It would be fruitful to observe in column 8 of the FIR that, the reason for delay in lodging the FIR as mentioned by the original complainant is that, 'on 06.03.2025, the original complainant and the applicant, both, had gone to the police station, where the applicant had assured that he would not use any of those documents at any of the places, as such complaint was not filed'. It further transpires that, all the original documents which were mentioned in the letter dated 06.03.2025 Page 9 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined were handed over by the applicant to the PSO of Umargam Police Station on 17.06.2025 by way of hand delivery, along with a letter.
6.4. It is pertinent to observe that, the prosecution has not submitted anything as regards the said letter. It also appears that, a compromise letter was also sent to the Umargam Police Station by the applicant, the original complainant and his cousin. 6.5. This court is indeed baffled with the fact that, the applicant, the original complainant and his cousin, had time and again approached the Umargam Police Station, for resolution of their dispute, and not stopping at that, they had also submitted letters mentioning facts of compromise between the parties, before the Umargam Police Station. In the opinion of this Court, Umargam Police Station had acted as Dispute Resolution Agency for the parties.
7. Primarily, the dispute between the applicant, the original complainant and his cousin appears to have arisen from their business dealings, and it may have happened that, the applicant Page 10 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026 NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined might have misused the documents which were signed by the original complainant and his cousin in favor of Rashi agro industries, without completing legal formalities. However, considering the fact that, both the parties had time and again approached the Umargam Police Station for the resolution of their dispute and at the cost of repetition, the original documents which were allegedly got signed from the original complainant and his cousin by way of threat and coercion, already being sent to the Umargam Police Station by the applicant and the entire dispute being related to the business dealings of the parties, this court is inclined to exercise discretion in favor of the applicant.
8. In the event, the present application is hereby allowed by directing that, in the event of arrest / appearance of the applicant in connection with FIR being C.R. No.11200045250327 of 2025 registered with Umargam Police Station, District Valsad the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount on the following conditions that applicant:
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NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 22.06.2026 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that, no unnecessary harassment or inconvenience is caused to the applicant;
(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 play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish his address to the investigating officer and the court concerned, and shall not change his residence, till the final disposal of the case;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week, and if he does not have a passport, shall file an undertaking to that effect;
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NEUTRAL CITATION R/CR.MA/22036/2025 CAV ORDER DATED: 14/05/2026 undefined
(g) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the applicant, in the event of violation of any of the terms and conditions, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.-
9. It is made clear that, order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicant, who has been granted pre-arrest bail.
10. During the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court, while enlarging the applicant on bail.
11. Rule is made absolute to the aforesaid extent.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Page 13 of 13 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:50:45 IST 2026