Darpan Hareshkumar Shah vs State Of Gujarat

Nirzar S. Desai, J

Heard learned Senior Counsel Mr.N.D.Nanavaty assisted by learned advocate Mr.Ashish Dagli for the applicant and learned Additional Public Prosecutor Mr.Utkarsh Sharma for the respondent – State.

By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No. 11196017221094 of 2022 registered with Panigate Police Station, Vadodara City for the offences punishable under Sections 406, 420 and 114 of the IPC.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 14.12.2022;

(ii) the investigation is over and the charge-sheet is filed;

(iii) the applicant has deposited a sum of Rs.12 lakhs, which is the principal amount, in respect of the litigation initiated by the complainant before the RERA Authorities, which is deposited before this Court; however, the complainant is not desirous to withdraw the aforesaid amount despite the statement is made at bar before learned Senior Advocate Mr.N.D.Nanavaty that present applicant would not have objection, if the aforesaid amount is disbursed in favour of the complainant. It is clarified that if the deposit of aforesaid amount of Rs. 12 Lakhs is made by present applicant as stated by learned Senior Advocate Mr. Nanavaty reserving all the rights and liberties in favour of both the parties, any interest on the aforesaid amount of Rs.12 Lakhs as awarded by RERA authorities would be subject to the final outcome of the litigation of Special Civil Application No. 24551 of 2022 with Special Civil Application No. 24701 of 2022 which is pending before this Court. However, this order shall have not bearing on the civil proceedings arising between the parties pursuant to the order passed by RERA Authorities.

(iv) Registry is directed to invest the amount of Rs.12 Lakhs deposited by the applicant in Fixed Deposit Receipt in any nationalized bank initially for a period of three years from the date of receipt of the order and the same shall be renewed until and unless the original complainant prefers any application for disbursement of the aforesaid amount in his favour subject to the final outcome of Special Civil Application No. 24551 of 2022 with Special Civil Application No. 24701 of 2022.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No. 11196017221094 of 2022 registered with Panigate Police Station, Vadodara City on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] furnish latest 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 trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

The Authorities will release the applicant only if the applicant 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 learned 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. At the trial, learned 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.

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