Gujarat High Court
Desai Rajendrabhai Ranchhodbhai vs State Of Gujarat on 2 March, 2022
Author: Gita Gopi
Bench: Gita Gopi
R/CR.MA/3275/2022 ORDER DATED: 02/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3275 of 2022
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DESAI RAJENDRABHAI RANCHHODBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR. RAHUL R DHOLAKIA(6765) for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/03/2022
ORAL ORDER
1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I C.R. No. 11191015211324 of 2021 registered with Nikol Police Station, Ahmedabad, for offences punishable under sections 306, 384, 387, 114 of Indian Penal Code and under sections 5, 33(2), 42 of the Gujarat Money Lenders Act, 2011.
2. Mr. Rahul Dholakia, learned advocate for the petitioner submitted that the allegation against the present petitioner is of demanding the repayment of the loan amount alongwith interest, and thus stated that, such kind of demanding the money would not amount to extortion. Learned advocate for the petitioner submitted that it was a contractual agreement which the deceased was bound to follow and thus stated that it could not be a case of any instigation. It was, therefore, prayed that the present application may be allowed and the petitioner herein may be released on regular bail.
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3. Mr. Zabuawala, learned advocate states that he has instructions to appear for the original complainant; let his vakalatnama be accepted. He has filed the affidavit of the complainant to object the bail application stating that the complaint was drafted by the deceased which should be considered as dying declaration and addressing the Nikol Police Station wherein it is stated that the accused had asked the deceased to sign the blank cheques and thus noted in the complaint that because of threat of the accused of kidnapping him and the family members and to do away with him and under such apprehension he states that the situation was created for him to forcefully leave the place and then decided to leave for Surat.
4. Learned APP alongwith Mr. Zabuawala, learned advocate submitted that the wife of the deceased had also stated before the police that the accused was forcing her husband to execute the document of the property in their favour, and because of the constant atrocious corceive approach of the accused the deceased had committed suicide by hanging himself at the hook of ceiling fan, and therefore, it was urged that no discretion may be exercised in favour of the petitioner.
5. Heard learned advocates on both the sides and perused the material on record. The case appears, that the deceased had taken loan against the payment of interest. The allegation is that the accused were demanding money, the complaint which the deceased proposed to give before the Nikol Police Station, which, learned advocate Mr. Zabuawala relied on as dying declaration also reflects the fact that the accused had Page 2 of 4 Downloaded on : Wed Mar 02 23:01:40 IST 2022 R/CR.MA/3275/2022 ORDER DATED: 02/03/2022 asked for cheque from the deceased. Merely demanding the repayment of the loan amount alongwith interest would not amount to any illegal act to term it as an harassment, and it appears that, as the deceased failed to repay the loan amount alongwith interest, he took the last step, but, as shown that he had even got the complaint drafted to be lodged before Nikol Police Station, and therefore, the deceased had an option to file case against the accused. Considering the fact that the allegation against the petitioner is of demanding the loan money which was their legitimate claim and when the deceased had recourse to file the complaint against the alleged person, prima facie, considering the allegation and the circumstances as brought to the notice of the court, it was not a case of constant harassment or threat or instigation to consider it as abetment for committing the suicide. In view of the aforesaid facts and circumstances of the case, this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.
6. Hence, the present application is allowed. The petitioner is ordered to be released on regular bail in connection with FIR being I C.R. No. 11191015211324 of 2021 registered with Nikol Police Station, Ahmedabad, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 Page 3 of 4 Downloaded on : Wed Mar 02 23:01:40 IST 2022 R/CR.MA/3275/2022 ORDER DATED: 02/03/2022 week;
[d] not leave India without prior permission of the concerned trial court;
[e] furnish the present address of residence to the 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 the concerned trial court;
7. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the petitioner 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. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
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