Ashwinbhai Haribhau More vs State Of Gujarat
2021 Latest Caselaw 4775 Guj

            R/CR.MA/8369/2020                                   ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO.                 8369 of 2020

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                      ASHWINBHAI HARIBHAU MORE
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR KISHOR ANANDJIWALA, SR. ADVOCATE assisted by MR KRUNAL
L SHAHI(6519) for the Applicant(s) No. 1
MR PM DAVE(263) for the Respondent(s) No. 2
MS KRINA CALLA APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                Date : 26/03/2021

                                   ORAL ORDER

By way of this application, the applicant, who is an accused of an offence registered at C.R.No.214 of 2015 registered with Valsad Town Police Station for the alleged offences punishable under Sections 406, 420, 34, 114 and 120B of the Indian Penal Code, who is shown to be accused No.1 in the FIR, prays for regular bail under Section 439 of the Code of Criminal Procedure, 1973, after submission of charge­ sheet.

On registration of offence, investigation proceeded since the year 2015 and it culminated into charge­sheet against the present applicant along with co­accused submitted on 6.3.2020. On conclusion of investigation, the offence under

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Sections 4,5 and 6 under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 also came to be invoked.

From the papers of charge­sheet, it is revealed that on filing of the First Information Report (FIR) applicant along with other co­ accused moved this Court for quashing of the FIR filed against them i.e. in the year 2015 being Criminal Misc. Application Nos.23427 of 2015 and 23431 of 2015. This Court vide reasoned order dated 5.12.2018 refused to quash the FIR filed against the applicant and other co­accused. Even after 5.12.2018, the applicant is not shown to have moved any competent Court for an order of anticipatory bail. Despite that, he neither surrendered nor is available for investigation till the date of his arrest i.e. 29.1.2020. Though, no proceedings for declaring him absconding shown to have been initiated, when the accused himself was knowing about the filing of FIR against him in the year 2015 and quashing application of the very same FIR came to be rejected on 5.12.2018, it was expected of him to either invoke his statutory right or surrender to the custody of the police. The conduct of the applicant dis­entitles him for a discretionary relief.

Now, coming to the facts of the present case. It is an allegation against the applicant and

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other co­accused, who are close relatives of him including brother, his own wife and wives of his real brother as also cousin. It is alleged in the FIR that in February, 2010, in 'Divya Bhaskar' daily newspaper, public advertisement was given of a company promoted and operated by the applicant and his family members in the name of Rabbit Interbreed Co.Op. Husbandry Pvt. Ltd. which is a sister concern of More Group of Companies inviting investment of Rs.10,000/­and in turn, offered Rs.500/­ per month and on completion of the scheme, the investor would get his investment back. It is further alleged that applicant and his company lured the general public by such advertisement to invest in their company offering assured return per month. Though company was based at Nashik, it had expanded its wings to the State of Gujarat also. As mentioned in the FIR itself, not only the first informant himself lured to invest huge amount on assurance of assured returns, along with him, other 164 persons also invested in the same in anticipation of getting assured best returns. However, all these persons have been duped under different schemes to invest more and more, and thereby, as mentioned in the FIR, nearly 1.13 Crores and odd amount came to be invested in the company of the applicant and other co­accused, which were never returned, as claimed in the FIR. The present FIR has come to be filed at Valsad Town. On the basis of the aforesaid FIR, investigation, which was

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registered only for an offence under the Indian Penal Code, on conclusion of investigation, it is found that accused have also committed an offence under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and therefore, provisions thereof were invoked while filing charge­sheet against the applicant and other accused.

Mr.Kishor Anandjiwala, Senior Advocate, learned counsel assisted by Mr.Krunal L. Shahi, learned advocate for the applicant submitted that investigation is over and charge­sheet has also come to be filed. He has further submitted that he is in jail at­least since 14 months for the offences which are triable by the Court of Magistrate. According to his further submission, no charge is yet framed against him and trial has yet not commenced. Therefore, he has submitted that while trying the applicant by the Magistrate, he is not able to impose punishment more than 3 years, and therefore, when he has already undergone 14 months of imprisonment by now, without trial, he be released on bail. It is further submitted that other co­accused have been enlarged on anticipatory bail, and therefore, on the ground of parity also, applicant deserves to be enlarged on regular bail.

Looking to the network the applicant has expanded for luring and attracting the persons

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and committed an offence by amassing wealth, not only by way of present case, but in four different cities as also two different States, his conduct appears to be of a seasoned criminal. Comparing such conduct along with his attitude not to surrender to the custody of the police or not even invoking his statutory right if at all it is there to have an order of anticipatory bail for a period of more than a year, disentitles him for a discretionary relief of an order of bail, pending trial.

One more submission was made that the first informant has already been paid his dues and he has entered into an MoU with the applicant­ accused. Be that as it may, it will not reduce gravity of an offence and at the same time, remaining 164 victims, whose hard earned money have been taken away by the modus operandi of the applicant, any agreement entered into with the first informant and payment made to him will not entitle the applicant for an order of regular bail, pending trial.

Not only that, as coming out from the record of this case, the applicant has an audacity to obtain an order of temporary bail under false pretext that he himself is suffering from liver cancer, which was found to be incorrect based on forged document. The Doctor who is claimed to have issued the said Certificate informed the

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Investigating Officer that the applicant was never suffering from liver cancer or any other kind of cancer and in the said hospital, no treatment of chemotherapy was given to him. He has also claimed that alleged certificate produced by the applicant claiming to have been issued by Dr. Raj Nagarkar, Surgical Oncologist, HCG Manavata Cancer Centre, Nashik was not issued by him. On the basis of such false certificate, the applicant has enjoyed temporary bail on number of occasions, which is ultimately found to be forged one. This Court had to impose a cost of Rs.25,000/­ to be paid to the High Court Legal Services Committee by way of cost as forged certificate is produced by him before this Court, vide an order dated 11.8.2020 passed in Criminal Misc. Application No.2 of 2020 in Criminal Misc. Application No.8369 of 2020. It appears that even applicant had not deposited that amount within the time prescribed by the Court, therefore, he had sought for an extension thereof, which was grnated by the Court. It is ascertained from the learned counsel and affirmatively stated that it has been deposited within the time extended, as coming out from the order refusing bail passed by the Sessions Court dated 23.3.2020 in Criminal Misc. Application No.217 of 2020. Over and above the present case, there are 4 other cases registered, of very same nature at Vyara, Surat, Daman and Valsad City Police Station. Mr.Anandjiwala, learned counsel, on instructions

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form his client, submitted that in two of the cases, the applicant has come to be acquitted whereas in one of the case, the trial has already been concluded and it has been posted for judgment.

Considering the plight of 164 persons who have lured to invest huge amount in the company of the present applicant and the aforesaid conduct of the applicant, he is not entitled for the relief, that too, discretionary relief in the nature of regular bail, pending trial.

Hence, this application is rejected. Rule discharged.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA