Sandip Jawaharlal Ghunchal (Soni) vs State Of Gujarat

Niral R. Mehta, J

Rule returnable forthwith. Learned A.P.P. waives service of notice of Rule for the respondent – State of Gujarat.

[1] The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.11201002210018 of 2021 registered with CID Crime Police Station, District – Ahmedabad Zone for offence under Sections 406, 420 120B and 114 of the Indian Penal Code and Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003 (for short, “the GPID Act, 2003”).

[2] Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[3] Learned APP appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence.

[4] Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

[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 accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

[6] This Court has considered following aspects,

(a) The applicant is in jail since 1st January 2022.

(b) The investigation is over and the charge-sheet has been filed and no further custodial interrogation is required.

(c) Since the investigation is over and the chargesheet has been filed, no further recovery or discovery is required to be made from the present applicant. Even otherwise, entire offence is based on documentary evidence and all the relevant documents seized by the Investigating Agency during the course of investigation. Hence, the present applicant is not likely to hamper or tamper with the evidence on record.

(d) Considering the offence alleged and the punishment prescribed, in my view, while the trial would take its own course, the present applicant deserves to be enlarged on bail.

(e) Even otherwise, the applicant is in jail since more than one year. In addition to the aforesaid, the present applicant has volunteered to deposit the amount of Rs.3 Crore by way of equal monthly installments of Rs.16,00,000/- payable between 1st and 10th day of every month. Considering the said volition, it will be just and proper to release the present applicant on bail as no fruitful purpose would be achieved by keeping the present applicant behind the bar during the pendency of trial. The undertaking to that effect dated 5th May 2023 duly signed by the present applicant is taken on record.

[7] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

[8] Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. C.R. No.11201002210018 of 2021 registered with CID Crime Police Station, District – Ahmedabad Zone on executing a personal bond of Rs.10,000/-(Rupees Ten 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 week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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;

[g] Any single breach of depositing the monthly installments would amount to cause for cancellation of bail of the present applicant.

[9] The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if they are 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

[10] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

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

[12] Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.