Gujarat High Court
Narandas Sugnomal Maherchandani vs State Of Gujarat on 24 November, 2021
Bench: Ashokkumar C. Joshi
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11999 of 2021
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NARANDAS SUGNOMAL MAHERCHANDANI
Versus
STATE OF GUJARAT
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Appearance:
MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
MS MH BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 24/11/2021
ORAL ORDER
1. Heard learned advocate Mr.S.A. Khan for the applicant
and learned APP Ms. M.H. Bhatt for the Respondent - State.
2. By way of the present application under Section 438
of the Code of Criminal Procedure, 1973, the applicant-
accused viz. NARANDAS SUGNOMAL MAHERCHANDANI has
prayed for anticipatory bail in connection with the FIR
being C.R. No. I-88 of 2019 registered with Mansa Police
Station, District: Gandhinagar for the offences punishable
under Sections 406, 420 and 114 of the Indian Penal Code.
2.1. The factual matrix of the case are as under:
(a) Complaint was lodged on 22.07.2019. The
applicant alleged to have committed the offence of cheating
under Sections 420 of the I.P.C.
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
(b) Thereafter, he approached Session Court Gandhinagar
by way of Criminal Misc. Application No.1023 of 2020, which
came to be rejected vide order dated 11.11.2020 by 3 rd
Additional Sessions Judge, Gandhinagar.
3. Learned advocate Mr. Khan for the petitioner has
stated that applicant is 62 years old and amicable settlement
has arrived at between the parties. Mr. Khan has also drawn
the attention of the Court and submitted that the co-accused
viz. Suraj Tarachand Ramchandani has been granted
anticipatory bail by this Court vide order dated 13.11.2019 in
Criminal Misc. Application No.19911 of 2019.
3.1. Learned advocate for the applicant has submitted
that the applicant is apprehending his 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 just to give criminal colour, a false and
frivolous complaint is created to pressurize the present
applicant, and therefore, the present application may kindly
be allowed.
4. Learned advocate for the applicant has further
argued that the applicant will keep himself available during
the course of investigation and trial also and will not flee from
justice.
4.1. Learned advocate for the applicant on
instructions states that the applicant is ready and willing to
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
abide by all the conditions including imposition of conditions
with regard to powers of Investigating Agency to file an
application before the competent Court for his remand. He
further submitted that upon filing of such application by the
Investigating Agency, the right of applicant accused to oppose
such application on merits may be kept open. Learned
advocate, therefore, submitted that considering the above
facts, the applicant may be granted anticipatory bail.
5. Learned APP Ms. Bhatt appearing on behalf of the
respondent - State has opposed grant of anticipatory bail
looking to the nature and gravity of the offence, the discretion
may not be exercised in favour of the applicant.
5.1. Learned APP Ms. Bhatt for the State has heavily
opposed the grant of anticipatory bail application and
submitted that pursuant tot he order of the learned Sessions
Court also there is some criminal history against the
applicant, therefore, discretion may not be exercised.
6. Having heard the arguments advanced by 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, at
this stage, I am inclined to grant anticipatory bail to the
applicant.
7. This Court has considered following aspects,
(a) as per catena of decisions of Hon'ble Supreme
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
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.
(b)As per the statement of the learned advocate for the
petitioner, there is settlement between the parties.
With discussing in detail, this court is inclined to
consider the case of the applicant.
8. This Court has also taken into consideration the
law laid down by the Hon'ble Apex Court in the case of
Sushila Aggarwal & Ors. Vs. State (NCT of Delhi)- Anr.
reported in 2020 SCC Online SC 98 and 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, reported at (1980) 2 SCC 565.
9. 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 observed that
whenever there is punishment of 7 years, then the court
would be liberal to exercise the discretion. Further, by
exercising the discretion under Section 438 Cr.P.C, the doors
of remand by the Investigating Officer is open and therefore
also this court is inclined to exercise powers under Section
438 of Cr.P.C.
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
10. In the result, the present application is allowed. The
applicant is ordered to be released on bail in the event of his
arrest in connection with the aforesaid FIR on executing a
personal bond of Rs. 15,000/- 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 Police Station on
2 0 . 1 2 . 2 0 2 1 between 12.00 noon to 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 his 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
R/CR.MA/11999/2021 ORDER DATED: 24/11/2021
(g) it would be open to the Investigating Officer to file an
application for remand if he considers it proper and just and
the learned Magistrate would decide the remand application
without being influenced of the observations made by this
Court;
11. The applicant shall remain present before the
learned Magistrate on the first date of hearing of such
application and on all subsequent occasions, as may be
directed by the learned Magistrate. This would be sufficient
to treat the accused in the judicial custody for the purpose of
entertaining application of the prosecution for police remand.
This is, however, without prejudice to the right of the accused
to seek stay against an order of remand, if, ultimately,
granted, and the power of the learned Magistrate to
consider such a request in accordance with law. It is
clarified that the applicant, even if, remanded to the police
custody, upon completion of such period of police remand,
shall be set free immediately, subject to other conditions of
this anticipatory bail order.
12. At the trial, the concerned trial court shall not be
influenced by the prima facie observations made by this Court
in the present order.
13. Rule is made absolute. Direct service is permitted.
(A. C. JOSHI,J)
KUMAR ALOK
