Gujarat High Court
Pritesh Ghanshyambhai Patel vs State Of Gujarat on 16 May, 2018
Author: B.N. Karia
Bench: B.N. Karia
R/CR.MA/9141/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION No. 9141 of 2018
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PRITESH GHANSHYAMBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance :
Mr SA BAQUI, Advocate for the PETITIONER(s) No. 1
Mr D.M DEVNANI, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE Mr. JUSTICE B.N. KARIA
16th May 2018
ORAL ORDER
Apprehending his arrest in connection with an offence registered at Meghaninagar Police Station, Ahmedabad, being I-C.R No. 22 of 2018 for an offence punishable under Sections 406, 420, 419, 465, 467, 468 of the Indian Penal Code ["IPC" for brevity], the applicant has approached this Court under Section 438 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity] seeking pre-arrest bail.
In response to a notice of rule, issued by this Court vide Oral Order dated 9th May 2018, learned APP Shri DM Devnani appears for the respondent-State to oppose the application. Page 1 of 5
R/CR.MA/9141/2018 ORDER Heard learned advocates appearing for the respective sides at length.
Learned advocate Shri SA Baqui appearing for the applicant-accused painstakingly took this Court through the facts of the case and documents annexed on record of the matter to contend that the applicant has been falsely implicated in the alleged complaint. Learned advocate urged that the applicant has merely entered into an agreement of understanding with the Chairman of the Trust for administration of the working of the Trust and the School, wherein the applicant had to merely act in accordance with the instructions given by the trustees of the said Trust; including the Chairman. Counsel further urged that the application for grant of permission to start Classes for Standard IX and X was actually made by the Chairman of the Trust, however, the trustees have in their statement recorded by the Police have falsely implicated the applicant to save themselves from the clutches of law. Counsel for the applicant candidly stated that the applicant only had, with a view to help the Trustees find out a solution for saving future of the students, made an application to the Education Board to facilitate career Page 2 of 5 R/CR.MA/9141/2018 ORDER of some 32 students to allow them to appear in the Board Examined, on payment of even penalty for the same for which, the Trustees have tried to shift the burden on the applicant. Counsel for the applicant added that out of an amount of Rs. 9,85,600/= allegedly received by the administration from the students of Standard IX and X towards admission fees, term fees for two years and tuition fees, the Trustees retained 35% of the share [ie., Rs. 3,36,000/=] and subtracting a sum of Rs. 4,09,500/= paid to the teachers towards their remuneration for services rendered by them between July 2016 and February 2018, the applicant's share would come to a meager sum of Rs. 1,50,140/=, for which he has been arraigned as an accused. In light of these facts, counsel for the applicant earnestly urged this Court to grant anticipatory bail to the applicant.
Per contra, learned APP Mr. DM Devnani appearing for the respondent-State strenuously urged that this Court need not grant indulgence, since the applicant has correctly been arraigned as an accused in an offence of forging the documents and thereby cheating the mass of pupils craving for their future at the very threshold of the teenage. According to the learned APP, the present applicant is the main accused, Page 3 of 5 R/CR.MA/9141/2018 ORDER whose presence in custodial interrogation would be needed by the Investigating agency, and therefore also, when on the basis of forged permission letter of the School Board, a complaint has been lodged, the same needs thorough investigation since it has put future of 32 students in jeopardy.
Having heard learned advocates appearing for the respective sides, this Court is of the considered opinion that the present pre-arrest bail plea of the applicant deserves rejection on the following grounds :
[a] By virtue of a forged Permission Letter purportedly issued by the State Education Board, the applicant entered into an agreement of understanding with the Trustees of New Chamanpura Housing Colony Education Trust, Ahmedabad which in turn gave admission to 32 students in Standard X. [b] These innocent students paid admission fees, term fees for two years and tuition fees, which tentatively works out to Rs. 9,85,600/=. Their admission continued till the Board noticed of their irregular admission.
[c] During the course of interrogation, Police arrested Chairman and trustees of the said Trust. Upon remand of these accused persons, name of the applicant surfaced on the record Page 4 of 5 R/CR.MA/9141/2018 ORDER as a kingpin offender, having allegedly committed an offence of fabricating false documents of sanction from the Education Board for conducting Standard IX and X classes.
Therefore, when the alleged offending act of the applicant has put to jeopardy, the future education of around 32 students, certainly the matter requires thorough investigation.
Resultantly, this Criminal Misc. Application fails and the same is rejected. Rule discharged.
[B.N Karia, J.] Prakash Page 5 of 5