Pramodbhai Shankarbhai Patel vs State Of Gujarat on 6 July, 2023

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Gujarat High Court

Pramodbhai Shankarbhai Patel vs State Of Gujarat on 6 July, 2023

Bench: Nirzar S. Desai

     R/CR.MA/7443/2023                              ORDER DATED: 06/07/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC. APPLICATION NO. 7443 of 2023
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                         PRAMODBHAI SHANKARBHAI PATEL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 06/07/2023

                                 ORAL ORDER

1. 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 No.11215002230223 of 2023 registered with Anand Town Police Station, Dist.Anand for the offences punishable under Sections 406, 409, 465, 468, 471 read with Section 120B of Indian Penal Code.

2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will be available during the course of investigation, trial also and will not flee from Page 1 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023 R/CR.MA/7443/2023 ORDER DATED: 06/07/2023 justice.

3. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the above facts, the applicant may be granted anticipatory bail.

4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.

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, nature of allegations, gravity of offences, role attributed to the Page 2 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023 R/CR.MA/7443/2023 ORDER DATED: 06/07/2023 accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.

6. This Court has considered following aspects,

(i) the applicant is accused no.1 in respect of FIR which was registered in the year 2023 for the alleged incident that has taken place in the year 2020;

(ii) the applicant had shown willingness to deposit 50% of the amount out of total alleged misappropriated amount of Rs.33,00,000/- and the aforesaid fact was recorded in the orders dated 19.04.2023 and 29.04.2023 passed by this Court and the applicant was protected;

(iii) thereafter aforesaid relief granted in favour of applicant is continued till today as the present applicant has deposited sum of Rs.16,50,000/- on 09.06.2023 before the trial Page 3 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023 R/CR.MA/7443/2023 ORDER DATED: 06/07/2023 Court i.e. before the Court of learned Chief Judicial Magistrate at Anand which prima facie shows the bona fide of the present applicant;

(iii) the FIR is registered in the year 2023 for an alleged offence that has taken place in the year 2020;

(iv) the applicant is ready and willing to participate and cooperate in the investigation.

7. In the facts and circumstances of the present case, since the custodial interrogation of the applicant is not required, I am inclined to consider the case of the applicant.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid Page 4 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023 R/CR.MA/7443/2023 ORDER DATED: 06/07/2023 down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.

9. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of arrest in connection with FIR being No.11215002230223 of 2023 registered with Anand Town Police Station, Dist.Anand on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that the applicant:

(a) shall cooperate with the investigation and shall be available for interrogation whenever required;

(b) shall remain present at concerned Police Station on 13.04.2023 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 Page 5 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023 R/CR.MA/7443/2023 ORDER DATED: 06/07/2023 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;

(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;

(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned 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;

Page 6 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023

R/CR.MA/7443/2023 ORDER DATED: 06/07/2023

11. 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.

12. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

Page 7 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023

R/CR.MA/7443/2023 ORDER DATED: 06/07/2023

13. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V. Page 8 of 8 Downloaded on : Thu Jul 06 20:46:07 IST 2023

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