Gujarat High Court
Hanubhai Devabhai Saparamer vs State Of Gujarat on 5 August, 2025
NEUTRAL CITATION
R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025
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Reserved On : 30/07/2025
Pronounced On : 05/08/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11855
of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
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Approved for Reporting Yes No
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HANUBHAI DEVABHAI SAPARAMER
Versus
STATE OF GUJARAT
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Appearance:
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
1. Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. I - 11210015240099 of 2024 registered with DCB Police Station, District: Surat City for the alleged offences Page 1 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined as mentioned in the FIR.
3. Learned Advocate Mr. Sikander Saiyed has appeared for the applicant and submitted that as per the case of the prosecution, the so-called incident has occurred during the period between 14.08.2022 to 28.05.2024, and the FIR has been registered on 22.11.2024. The said FIR is registered against total 11 persons, and name of the present applicant is mentioned at serial no.4. All the 11 accused persons are not directly connected and associated with each other. It is the specific case of the complainant that individually he had entered into the transactions with all the different persons independently, and a common FIR has been registered against all the accused persons, and the said fact clearly found out from the body of the FIR. He has further submitted that as per the case of the prosecution, the complainant had entered into business transactions with the present applicant and as a part of the business total goods worth Rs.72,63,168/- have been supplied to the applicant, and the said amount had not been repaid in one or other pretext the applicant herein used to delayed the period of payment, and therefore, as a last resort, the complainant has registered FIR against the present applicant. Learned advocate Mr. Saiyed has further submitted that, in fact, the applicant and the complainant had entered into the business of rough diamonds. The complainant had supplied certain good to the applicant and upto certain period, applicant herein had paid amount of goods to the complainant at regular intervals, and entry to that effect is made in the account book of Page 2 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined the applicant whereupon signature of the complainant is there. He has further submitted that as per usual practice in the diamond market they generally used to supply and receive the goods on the basis of Kachcha Chittha, and therefore, there is not any Pakka bill supplied by the complainant along with the FIR. He has further submitted that total round about 15 lakhs and odd amount had already been paid to the complainant. He has further submitted that, in fact, all those materials have already been supplied by the applicant to the investigating officer, and he has also recorded the statement. He has further submitted that two brokers have already been enlarged on anticipatory bail, and other co-accused persons have already been enlarged on regular bail. He has further submitted that, in fact, there was some dispute between the parties about the quality of rough diamonds, and due to which, disputes have been cropped up as the applicant has not repaid the said amount. It is further submitted that the applicant is ready and willing to file an undertaking before this Hon'ble court that he is ready to deposit 20% amount in two equal installments within a period of 8 weeks. He has further submitted that criminal colour is given to the civil dispute and in number of case laws Hon'ble Apex court has expressed view that the police need not to work as a recovery agent. He has further submitted that whatever documents are needed for the purpose of investigation, all those documents have already been supplied by the applicant, and entire case of the prosecution is now based upon the documentary evidence, and all those documents have Page 3 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined already been collected by the investigating officer, and therefore, custodial interrogation of the applicant is not needed. Learned advocate Mr. Saiyed for the applicant has further submitted that the case of applicant is squarely fall under the principle laid down by the Hon'ble Apex court in the case of Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr., reported in (2024) 10 SCC 690 and Lalit Chaturvedi and Others v. State of Uttar Pradesh reported in LAWS(SC)- 2024-2-45. Considering the above-stated factual aspects, the applicant may be enlarged on bail by imposing suitable terms and conditions.
4. 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 keep himself available during the course of investigation, trial also and will not flee from justice.
5. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions that may be imposed while releasing the applicant on anticipatory bail. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
6. Learned APP Mr. Niraj Sharma has vehemently submitted that, involvement of the present applicant is clearly spelt out from the body of the FIR, and name as well as specific allegations are levelled against the applicant. During the course of hearing, the applicant has personally remained present before investigating officer Page 4 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined and he has produced certain documents. He has further submitted that the documents upon which reliance has been placed by the applicant clearly go on to show that a well designed and systematic plan was organized by the applicant herein to dupe the complainant, and therefore, as soon as he entered into the relationship of business with the complainant, initially, he has given assurance to repay the amount of goods within time frame schedule and with a sole intent to win over the confidence of the complainant, initially upto certain transactions, he had repaid the amount of goods within time frame schedule. But then after, the applicant had demanded huge catch of goods from the complainant, and under the guise of non-availability of fund or financial crunch, the applicant could not be able to repay within time frame schedule, and by saying so he had killed the valuable time of the complainant, and then after, he had gone incommunicado. The said conduct of the applicant clearly goes on to show that a well-designed sinister plan is organized by the applicant to dupe the complainant, and he has acted as per his designed plan and dupe the complainant. The other co-accused persons whose role is identical and similar have already been enlarged on regular bail before and after the submission of chargesheet, and therefore, the role of the present applicant can be placed on equal pedestal with the other co-accused persons, and therefore, the Hon'ble court may not have to exercise discretionary power of anticipatory bail in favour of the present applicant.
7. Having heard the learned advocates appearing for the Page 5 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided.
8. I have considered the following aspects.
(a) That as per the case of the prosecution, the so-
called incident has occurred during the period between 14.08.2022 to 28.05.2024, and the FIR has been registered on 22.11.2024, therefore, there is a considerable delay in filing of the FIR.
(b) That it transpires from the record that the complainant had entered into the business transactions with different persons individually and independently, and a common FIR has been registered against all the accused persons. It further transpires that the complainant had entered into Page 6 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined business transactions with the present applicant and total goods, more particularly rough diamonds, worth Rs.72,63,168/- have been supplied to the applicant by the complainant, and the said amount had not been repaid by the applicant herein, however, as per usual practice in the diamond market they generally used to supply and receive the goods on the basis of Kachcha Chittha, and therefore, there is not any Pakka bill given to the complainant, but it also transpires that the applicant herein had repaid a total round about 15 lakhs to the complainant.
(c) That all the materials have already been supplied by the applicant to the investigating officer, and the statement of the present applicant has already been recorded by the investigating officer. It further transpires that two accused persons have already been enlarged on anticipatory bail, and other co- accused persons have already been enlarged on regular bail.
(d) It further transpires that there was some dispute between the parties about the quality of rough diamonds, and therefore, the applicant has not repaid the remaining amount, however, the applicant is ready and willing to file an undertaking before this Hon'ble court that he is ready to deposit 20% amount in two equal installments within a period of 8 weeks.
(e) It further prima-facie transpires that the dispute between the parties is of civil nature and as per Page 7 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined view expressed by the Hon'ble Apex court in number of judgments including Delhi Race Club (1940) Ltd. & Ors. (Supra) and Lalit Chaturvedi and Others (Supra) that the police need not to work as a recovery agent, considering the same, I am of the opinion that it squarely applies to the case on hand.
9. Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application.
10. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant in connection with FIR being C.R. No. I - 11210015240099 of 2024 registered with DCB Police Station, District: Surat 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 that applicant:
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Page 8 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025 NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined Station on 11.08.2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant;
(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 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 her/his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
(g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the person who seeks and is granted pre-arrest bail;
(h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non-Page 9 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025
NEUTRAL CITATION R/CR.MA/11855/2025 CAV JUDGMENT DATED: 05/08/2025 undefined cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.
11. 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(DIVYESH A. JOSHI,J) AMIT ITALIAN Page 10 of 10 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:45:51 IST 2025