Gujarat High Court
Shibu Shivshankar Pillai vs State Of Gujarat on 24 October, 2018
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/18618/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 18618 of 2018
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SHIBU SHIVSHANKAR PILLAI
Versus
STATE OF GUJARAT
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Appearance:
MR I.H.SYED, Ld. SR. ADV. WITH MR RAVISH D BHATT(5867) for the
PETITIONER(s) No. 1
MR R.R.MARSHAL, Ld. SR. ADV. WITH MR ADIL R MIRZA(2488) for the
RESPONDENT(s) No. 1
MR H.K.PATEL, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 24/10/2018
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-102 of 2018 registered with Vapi GIDC Police Station, Valsad for the offence punishable under Sections 406, 420, 465, 468, 471, 120(B) and 114 of the Indian Penal Code.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Page 1 of 5
R/CR.MA/18618/2018 ORDER It is submitted that the investigation is still going on and four accused are yet to be arrested. It is further submitted that the applicant is the Director of the company from where the money has been transferred. The ROC record reflects the name of the applicant as one of the Directors. A reference is also made to the allotment letter which is in the name of GIDC, which according to the investigation is a completely forged document.
4. Learned Senior Advocate Mr. RR Marshall with learned Advocate Mr. Adil R. Mirza appears for the complainant. It is submitted that the applicant has duped many people by adopting the same modus operandi and he is the Director of the company where the payment was transferred even by RTGS.
5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The applicant is in custody since 07.08.2018; II) The investigation qua the applicant is concluded as the remand period is over;
Page 2 of 5
R/CR.MA/18618/2018 ORDER III) The submission of learned Advocate for the applicant that from the allegations in the FIR, the offence appears to have been taken place in the year 2005 and the FIR is lodged in 2018;
IV) The submission of learned advocate of the applicant that even from the reading of the FIR nothing is appearing on record against the applicant that the applicant has received any money from the complainant and or his family members; V) From the record, it appears that in this CR, some of the accused and the complainant have agreed for a settlement and the settlement has come into operation, to which learned advocate for the complainant submits that the settlement with some of the accused is based on the accused person agreeing to the terms of settlement, whereas the present applicant and another co-accused have back tracked on such agreement and;
VI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC
40. Page 3 of 5
R/CR.MA/18618/2018 ORDER
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-102 of 2018 registered with Vapi GIDC Police Station, Valsad on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower Court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Page 4 of 5 R/CR.MA/18618/2018 ORDER Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
11. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) URIL Page 5 of 5