Gujarat High Court
Mahendrasinh Sabatsinh Baria vs State Of Gujarat on 3 May, 2021
Bench: Gita Gopi
R/CR.MA/4372/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALMISC.APPLICATIONNO. 4372of 2021
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MAHENDRASINHSABATSINHBARIA
Versus
STATEOF GUJARAT
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Appearance:
MRSIKANDERSAIYED(3458)for the Applicant(s)No. 1
MS NISHA THAKORE ADDL. PUBLICPROSECUTOR(2)for the Respondent(s)No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date: 03/05/2021
ORALORDER
1. This application is filed under section 439 of the Code
of Criminal Procedure in connection with the complaint
being FIR No.11194055200009 registered with Godhra ACB
Police Station, Panchmahals for offences punishable under
Sections 7(a), 13(1)(d)(i) and 13(2) of the Prevention of
Corruption Act.
2. Mr. Sikander Saiyed, learned advocate for the
applicant, submitted that a false case has been filed against
the applicant herein, who has rendered 22 years of
unblemished service in the Police Department until the
complaint in question came to be filed. From the complaint
itself, it appears that the complainant was into the business
of foreign liquor, which he had closed down after some time.
It is alleged that the applicant herein had visited the house
of the complainant and had demanded bribe money of
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Rs.1,00,000/- if the complainant wanted to restart his
liquor business. After some negotiations, the bribe amount
was reduced to Rs.60,000/-. It is further alleged that on
25.11.2000, out of the agreed bribe amount, the
complainant allegedly paid Rs.30,000/- to the applicant.
Subsequently, the applicant demanded the remaining
amount from the complainant, which was refused and
thereafter, the complaint in question came to be filed. It is
submitted that investigation is over and charge-sheet has
also been filed. It was, accordingly, urged that the present
application may be allowed and the applicant herein may be
released on regular bail.
3. Ms. Thakore, learned Additional Public Prosecutor,
submitted that the recorded audio conversation between the
complainant and the applicant has been seized, which
clearly shows that demand of bribe money was made by the
applicant. Accordingly, a trap was laid and ultimately, the
applicant was caught red-handed accepting the bribe
amount. Therefore, a prima facie case of demand,
acceptance and recovery of bribe money is made out against
the applicant. It was, therefore, prayed that no discretion
may be exercised in favour of the applicant.
4. Heard learned advocates on both the sides and
perused the material on record. In this case, the complaint
in question was registered on 04.12.2020 and charge-sheet
came to be filed on 30.01.2021. Hence, there should not
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remain any apprehension that the applicant may tamper
with the evidence and / or witnesses, if released on bail.
5. In the facts of the case, it would be relevant to refer to
the judgment of the Apex Court in the case of Sanjay
Chandra v. C.B.I. reported in 2011 (4) Crimes 323 (SC).
In that case, the accused were charged with economic
offences of huge magnitude and if proved, it may jeopardize
the economy of the country. The Apex Court observed that
one could not lose sight of the fact that the investigating
agency had already completed investigation and charge-
sheet had already been filed and therefore, the presence of
the accused in custody may not be necessary for further
investigation. It was held that no doubt the offence alleged
against the accused persons was a serious one in terms of
alleged huge loss to the State Exchequer; however that, by
itself, should not deter enlarging the accused on bail when
there was no serious contention of the respondent that the
accused, if released on bail, would interfere with the trial or
tamper with evidence and hence, there was no good reason
to detain the accused in custody, that too, after the
completion of investigation and filing of charge-sheet.
6. Considering the principle laid down in the aforesaid
decision and the fact that the offences alleged against the
applicant are under the provisions of the Prevention of
Corruption Act and charge-sheet has already been filed, this
Court finds this to be a fit case where discretion could be
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exercised in favour of the applicant.
7. Hence, the present application is allowed. The
applicant is ordered to be released on regular bail in
connection with the complaint being FIR
No.11194055200009 registered with Godhra ACB Police
Station, Panchmahals on executing personal bond of
Rs.15,000/- (Rupees Fifteen 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 India without prior permission of the
concerned trial court;
[e] 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;
8. The authorities shall adhere to its own Circular
relating to COVID-19 and, thereafter, will release the
applicant only if he is 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
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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.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted. Registry to communicate this order to
the concerned Court/authority by Fax or Email forthwith.
( GITA GOPI, J )
PRAVIN KARUNAN
