Sunil Ramballabh Poddar vs State Of Gujarat on 31 January, 2022

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Gujarat High Court

Sunil Ramballabh Poddar vs State Of Gujarat on 31 January, 2022

Bench: Ilesh J. Vora

     R/CR.MA/2142/2022                                      ORDER DATED: 31/01/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2142 of 2022
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                           SUNIL RAMBALLABH PODDAR
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                  Date : 31/01/2022

                                   ORAL ORDER

1. Rule. Learned APP waives Rule for the Respondent State.

2. 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. 11210055211833 of 2021 registered with Salabatpura Police Station, Dist. Surat City, for the offences under Sections 406, 420, 120-B, 504, 506(2) and 114 of the Indian Penal Code, 1860.

3. Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. There is a delay of 1 year and 8 months in registering the FIR. The applicant had paid the amount to the complainant, however, he has made false statement that no amount is paid by the applicant. The case is based on documentary evidence and hence, custodial interrogation of the applicant is not essential for the purpose of investigation.

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 Page 1 of 3 Downloaded on : Mon Jan 31 20:51:03 IST 2022 R/CR.MA/2142/2022 ORDER DATED: 31/01/2022 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 there is dispute of business transaction which took place in the year 2019-20. Prima facie it appears that the present FIR has been filed with a view to recover the amount of sale transactions and the applicant had not entered into any transaction with the complainant directly. Co-accused has been extended the benefit of anticipatory bail by this Court. In this background, custodial interrogation of the applicant is not found to be essential for the purpose of investigating.

6. 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 the FIR being C.R. No. 11210055211833 of 2021 registered with Salabatpura Police Station, Dist. Surat 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 17.02.2022 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;

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R/CR.MA/2142/2022 ORDER DATED: 31/01/2022

(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;

7. 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 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.

8. 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 3 of 3 Downloaded on : Mon Jan 31 20:51:03 IST 2022

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