Naishadh Bhupendra Shah vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Senior Advocate Mr. S.I. Nanavati with learned Advocate Mr. Vaibhav Shukla for M/s Nanavati and Nanavati for the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.

Rule. Learned APP waives service of Rule on behalf of the respondent-State.

By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR No. 11191002220340 of 2022 registered with Ranip Police Station, Ahmedabad City, on 25.04.2022 for offences punishable under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code.

Learned Senior Advocate Mr. Nanavati for the applicant would submit that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

Learned Senior Advocate Mr. Nanavati 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 his remand. Learned Senior Advocate would 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.

This application has been vehemently opposed by learned Additional Public Prosecutor Mr. Dabhi appearing on behalf of the respondent-State, who would submit that looking to the nature and gravity of the offence the applicant may not be released on anticipatory bail by this Court.

Having heard learned Senior Advocate Mr. Nanavati and learned APP Mr. Dabhi and having perused the investigating papers as well as documents on record, the following relevant aspects are considered by this Court:

[1] The allegation being that during the period of suspension, suspending the trade certificate of the firm of the applicant, for 68 vehicles which have been sold during such period, the applicant has mentioned the date of sale as post the period of 15 days and whereas the invoices have been uploaded with the later date, causing loss of Rs. 1,15, 854/- to the Government.

[2] That the allegation is against the firm in question and whereas son of the present applicant who is also a partner of the firm has already been arrested.

[3] That while the partners of the firm have questioned the suspension of the trade certificate before the appellant authority where they did not succeed, are agitating their grievance before this High Court.

[4] That the applicant has already shown his willingness to deposit the amount of alleged loss caused to the Government being Rs. 1,37, 712/- only , and whereas such an offer having been submitted to the appellate authority and whereas a copy of the demand draft being produced before this Court.

[5] That the applicant is 60 years old person without any criminal antecedents hereinbefore.

In this view of the matter and considering the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, this Court is inclined to consider this application.

In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to the FIR No. 11191002220340 of 2022 registered with Ranip Police Station, Ahmedabad City, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount, on the following conditions:

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

(b) shall remain present at the concerned Police Station on 22.07.2022 between 11:00 a.m. and 2:00 p.m.;

(c) shall mark his presence at the concerned Police Station once in a month for a period of three months;

(d) 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 or to any police officer;

(e) 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;

(f) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change his residence till the final disposal of the case or till further orders;

(g) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.

Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicant to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits. 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.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.

Direct service is permitted.