Gujarat High Court
Bharatbhai Gordhandas Patel vs State Of Gujarat on 13 October, 2023
NEUTRAL CITATION
R/CR.MA/12703/2023 ORDER DATED: 13/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12703 of 2023
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BHARATBHAI GORDHANDAS PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. NIRUPAM D. NANAVATY, SENIOR ADVOCATE with MR RUCHIT J
VYAS(10687) for the Applicant(s) No. 1
MR. J.K.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 13/10/2023
ORAL ORDER
1. The Applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No.11215029230071/2023 registered with Tarapur Police Station, Anand for the offences punishable under Sections 406, 420, 465, 467, 471 and 120B of the Indian Penal Code.
2. Heard learned Senior Advocate Mr. Nirupam D. Nanavaty appearing with learned Advocate Mr. Ruchit J. Vyas for the Applicant and learned APP Mr. J.K.Shah for the Respondent - State.
3. Learned Senior Advocate Mr. Nanavaty has submitted that the investigation is over and the chargesheet is filed. It is submitted that in an another offence registered against the present Applicant under the provisions of GST Act for the very same transaction, the Coordinate Bench of this Court has considered the present Applicant for grant of bail and thus the Applicant has been released for the said offence on regular bail. It is further submitted Page 1 of 5 Downloaded on : Mon Oct 16 20:42:04 IST 2023 NEUTRAL CITATION R/CR.MA/12703/2023 ORDER DATED: 13/10/2023 undefined that the allegations levelled against the present Applicant is to the effect that the Applicant unlawfully procured the benefit of input tax credit without even procuring the goods from the concerned agencies and has thus committed fraud to the tune of Rs. 291 Crores. Except this no other role is attributed to the Applicant. Learned Senior Advocate Mr. Nanavaty therefore submitted that considering the nature of offence, the present Application may be allowed and the Applicant may be enlarged on bail subject to suitable conditions.
3.1 Leanred Advocate for the Applicant has further submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP Mr. J.K. Shah has vehemently opposed the present application for grant of regular bail inter alia contending that the present Applicant and the other coaccused used to create false firms by inviting documents and photographs of other persons and on the basis of the said documents GST Registration was done in the name of fititious firms from which procurement of goods was shown. Subsequently the registration of the said firms were cancelled and thus the benefit of input tax credit was availed by the present Applicant and the another coaccused. This being the huge scam into crores of rupees, the present Application may be dismissed. Therefore, looking to the nature and gravity of offence, it is requested that, this Court may not exercise the discretion in favour of the applicant.
5. From the facts emerging from record, it appears that the investigation is over and the charge sheet is also filed. The role attributed to the present Applicant is to the effect that on the basis of the documents procured from various persons, fictituos firms were formed and their GST registration was Page 2 of 5 Downloaded on : Mon Oct 16 20:42:04 IST 2023 NEUTRAL CITATION R/CR.MA/12703/2023 ORDER DATED: 13/10/2023 undefined done and, on the basis of the said registration, benefit of input tax credit was availed by the present Applicant and the another coaccused. The record indicates that in this regard the GST authorities have also initiated criminal proceedings against the present Applicant being File No. ACST/U-5/J K Traders / 2021-22, registered with the office of the Assistant Commissioner of State Tax, Ahmedabad. In the said proceedings the present Applicant has been ordered to be enlarged on regular bail by the coordinate bench of this Court. Considering the aforesaid aspects, the Application deserves consideration.
6. This court has also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 2.4.2023
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
7. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of Page 3 of 5 Downloaded on : Mon Oct 16 20:42:04 IST 2023 NEUTRAL CITATION R/CR.MA/12703/2023 ORDER DATED: 13/10/2023 undefined the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) 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 any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.
8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
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10. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J) J.N.W / 6 Page 5 of 5 Downloaded on : Mon Oct 16 20:42:04 IST 2023