Gujarat High Court
Ramapada Murlimohan Manna vs State Of Gujarat on 4 February, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/1577/2022 ORDER DATED: 04/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1577 of 2022
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RAMAPADA MURLIMOHAN MANNA
Versus
STATE OF GUJARAT
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Appearance:
FOUZAN N SONIWALA(8442) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/02/2022
ORAL ORDER
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant -accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 123 of 2019 registered with Kalupur Police Station, Ahmedabad City for the offences under Sections 406 and 420 of the Indian Penal Code, 1860.
2. Brie facts leading to this anticipatory bail application are that, on 31.12.2019, the informant lodged the FIR with regard to the offence that alleged to have been committed between 25.12.2018 to 25.11.2019, inter alia, alleging that the accused named in the FIR i.e. Tapas Mandal and the complainant with other 26 members are the Gold manufacturer and retail ship owners in the Ahmedabad City and they have jointly formed a group for running gold deposit business, which is known as V.C in short. The object of such V.C is to deposit 1963.260 grams gold for 28 months and on rotation basis, each of the members intend to keep the said gold monthly. As per the complaint, during the charge of the said V.C, the accused named in the FIR has misappropriated the gold deposited by the complainant. Accordingly, as such the complainant felt Page 1 of 5 Downloaded on : Fri Feb 04 20:52:29 IST 2022 R/CR.MA/1577/2022 ORDER DATED: 04/02/2022 that he had been cheated, impugned FIR came to be registered on 30.12.2019 against Tapas Mandal with Kalupur Police Station. During the course of investigation, Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and under Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003 along with Sections 406 and 420 of the Indian Penal Code, 1860 are incorporated in the FIR.
3. Learned advocate for the applicant submits that the accused named in the FIR is paternal uncle of the applicant and when police went to West Bengal to arrest the accused, they had recorded his detailed statement, wherein the applicant explained everything and further stated that he has nothing to do with the activities undertaken by his uncle; that bare reading of the FIR does not disclose any ingredient whatsoever to link the applicant with the offence in question; that the applicant is government servant working as Postman under Midnapure Division, West Bengal, never came in contact with the complainant; that on account of failure on the part of his uncle to deposit the gold as directed by this court, the complainant in connivance with the police misused the process by arresting the applicant.
4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.
5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, it appears that main accused Tapas Mandal @ Tapas Govind Mandal had earlier Page 2 of 5 Downloaded on : Fri Feb 04 20:52:29 IST 2022 R/CR.MA/1577/2022 ORDER DATED: 04/02/2022 filed anticipatory bail before this Court, which came to be allowed vide order dated 09.06.2021, wherein, a coordinate Bench of this court has observed thus:
"[5] Learned advocate for the applicant submits that applicant and the complainant with other 26 members are the Gold Manufacture and Retail Shop owners in the Ahmedabad City and they have jointly formed a group for running gold deposit business, which is known as V. C. in short. The object of such V. C. is to deposit 1200 grams fold for 28 months and on rotation basis, each of the members intent do keep the said gold monthly. He further submits that, as per the complaint, during the charge of the said V. C., the applicant has misappropriated the gold deposited by the complainant, however, the applicant has not misappropriated the gold and the same is laying in the safe custody of his shop and due to pandemic situation he is residing at his native place at West Bengal and his shop as well as his house is closed."
6. The main accused Tapas Mandal granted anticipatory bail on condition to deposit 1000 grams gold within 30 days from the date of the bail order. However, he failed to comply with the said condition, as a result of which, anticipatory bail has been cancelled.
7. In the aforesaid background, this Court is of considerd view that the applicant is working as Postman and there is no allegation against him that in any manner, he was benefited by the alleged act of his parental uncle. He has cooperated with the investigation. He does not flee from justice. He has no any past antecedent of like nature. In this background, custodial interrogation of the applicant is not found to be essential for the purpose of investigating.
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8. Considering the facts and circumstances of the case and the role attributed to the present applicant in the alleged offence, I find no reason to decline pre-arrest bail to the applicant. 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 FIR being C.R. No. I - 123 of 2019 registered with Kalupur Police Station, Ahmedabad City on his executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 24.02.2022 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 their residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court within a week; and
(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;
9. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to Page 4 of 5 Downloaded on : Fri Feb 04 20:52:29 IST 2022 R/CR.MA/1577/2022 ORDER DATED: 04/02/2022 treat the accused in the judicial custody for the purpose of entertaining 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 learned 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 anticipatory bail order.
10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) SUCHIT Page 5 of 5 Downloaded on : Fri Feb 04 20:52:29 IST 2022