Gujarat High Court
Pareshbhai Chandubhai Kashundra vs State Of Gujarat on 28 January, 2025
NEUTRAL CITATION
R/CR.MA/24650/2024 ORDER DATED: 28/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY
BAIL) NO. 24650 of 2024
==========================================================
PARESHBHAI CHANDUBHAI KASHUNDRA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Respondent(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/01/2025
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of notice for and on behalf of the respondent State.
2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, the applicant-accused has prayed for enlarging the Applicant on anticipatory bail in connection with the FIR be i ng C. R. No . 1 1 2 0 3 0 3 0 2 4 0 6 6 3 of 2024 registered wit h Keshod Police Station, District - Junagadh for the offence punishable under Sections 308(2) of the Bharatiya Nyaya Sanhita and Sections 40, 42(a) and 42(D) of the Gujarat Money Lenders Act.
Page 1 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined
3. Learned Advocate for the Applicant has submitted that the Applicant is apprehending arrest in connection the aforesaid FIR and in this connection the earlier application filed by the Applicant before the learned Sessions Court came to be dis-allowed. Learned advocate for the applicant has submitted that considering the facts stated in the Application, 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. Learned APP has submitted that the applicant had lent money to the first informant at hefty rate of interest and though, the first informant had paid the substantial amount out of the said amount, the applicant herein had taken vehicle belonging to the first informant as well as other items including two cheque books which contained signed cheques which had not been returned to the first informant by the present applicant. Learned APP has therefore prayed that the present Application may be dismissed.
Page 2 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined
5. Learned advocate appearing for the original complainant has opposed the present application inter alia contending that the applicant had handed over certain goods to the first informant including certain cameras and two cheque books including signed cheques by the first informant and the said items have not been returned to the first informant by the present applicant. He has, therefore, submitted to dismiss the present application.
6. Heard learned Advocates for the parties the arguments advanced by the learned advocates for the parties and perused the material available on record.
7. From the record it appears that some financial transactions had taken place between the present applicant wherein the present applicant initially lent the amount of Rs.1 Lakh to the first informant and thereafter, again lent amount of Rs.30,000/- to the first informant. It is also case on behalf of the prosecution that though out of the aforesaid amount, substantial amount had been paid, the applicant had taken car and several other items including cheque books including signed cheques which were not returned Page 3 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025 NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined to the first informant. Having regard to the nature of dispute involved in the present offence, the present application deserves to be allowed .
8. This Court has considered following aspects,
(a) as per catena of decisions of Hon'ble Supreme Court there are mainly two factors which are required to be considered by this court;
(i) prima facie case
(ii)requirement of accused for custodial interrogation.
Therefore, in the facts and circumstances of the present case, this court is inclined to consider the case of the applicant.
9. 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 down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, Page 4 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025 NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined reported at (1980) 2 SCC 565. Further, this Court has also taken into consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-7282/2017 dated 29.01.2020.
9.1 This court has also considered the judgment in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, wherein the Hon'ble Apex Court has observe that whenever there is punishment of 7 years, then the court would be liberal to exercise the discretion.
10. In the result, the present application is allowed. The applicant is ordered to be released on anticipatory bail in the event of arrest in connection with the aforesaid F.I.R. on executing a personal bond of Rs.10,000/- with one surety of like amount on the following conditions;
(a) shall cooperate with the
investigation and make available for
interrogation whenever required;
(b) shall remain present at concerned Page 5 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025 NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined Police Station on 04 .0 2. 2 0 25 between 12.00 Noon 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 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 Page 6 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025 NEUTRAL CITATION R/CR.MA/24650/2024 ORDER DATED: 28/01/2025 undefined
11. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) NABILA Page 7 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 00:16:31 IST 2025