Gujarat High Court
Yogeshbhai Laljibhai Patel vs State Of Gujarat on 12 December, 2022
Bench: Samir J. Dave
R/CR.MA/22675/2022 ORDER DATED: 12/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22675 of 2022
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YOGESHBHAI LALJIBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS POONAM M MAHETA(11265) for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 12/12/2022
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service
of notice of Rule on behalf of respondent-State.
2. Present application is filed by the applicant with a
prayer to quash and set aside the order dated 14/11/2022
passed in Criminal Misc. Application No.3364 of 2022 by
learned Principal District and Sessions Judge and Designated
Special Judge (GPID), Ahmedabad (Rural) qua condition no.1
(of depositing Rs.35,00,000/-) and further be pleased to pass
order of releasing the present applicant on regular bail in
connection with FIR bearing C.R.No.11191015220578 of 2022
dated 25/08/2022 registered before Nikol Police Station,
Ahmedabad City, on appropriate terms and conditions in the
interest of justice. Further prayer is also made by the
applicant to pass an order deleting/modifying condition no.1
(of depositing Rs.35,00,000/-) of the order dated 14.11.2022
R/CR.MA/22675/2022 ORDER DATED: 12/12/2022
passed in Criminal Misc. Application No.3364 of 2022 passed
by learned Principal District & Sessions Judge & Designated
Special Judge (GPID) Ahmedabad (Rural), as prayed for in the
application for modification of condition being Criminal Misc.
Application No.3721 of 2022 before the learned court below,
on appropriate terms and conditions in the interest of justice.
3. Condition no.1 of the order dated 14/11/2022 passed in
Criminal Misc. Application No.3364 of 2022 by learned
Principal District and Sessions Judge and Designated Special
Judge (GPID), Ahmedabad (Rural) reads as under:
"1. The applicant shall deposit Rs.35 lakhs (Rupees
Thirty Five Lakhs) before this Court at the time of
executing bail Bond. The Nazir is directed to invest the
said amount in FDR in any nationalized Bank initially for
a period of 1 year and renew the same from time to time
till further order."
4. Learned advocate for the applicant submitted that the
applicant approached the learned trial court for modification
of condition no.1 of order dated 14/11/2022 passed in
Criminal Misc. Application No.3364 of 2022 by way of filing
Criminal Misc. Application No.3721 of 2022 which has been
rejected by the learned trial court.
5. Learned advocate for the applicant submitted that the
applicant is facing serious financial issues and hence, it would
be difficult for him to fulfill the condition of depositing
R/CR.MA/22675/2022 ORDER DATED: 12/12/2022
Rs.35,00,000/- at the threshold and therefore, present
application is filed with aforesaid prayer of modification of
condition. Such condition of depositing such a huge amount is
not only arbitrary but amount to denial of bail. Thus, present
case in as much as grant of bail based on onerous condition
deserves interference of this Court.
6. On the other side, learned APP submitted that applicant
is involved in serious offence and the learned trial court has
not committed any error in imposing of such condition as the
applicant has lured the investors by misguiding them in
connivance with other accused persons.
7. Heard learned advocate for the applicant, learned APP
for the respondent-State as well as perused the documentary
evidences produced on record.
8. It is undisputed fact that the applicant has been released
vide order dated 14/11/2022 passed in Criminal Misc.
Application No.3364 of 2022 by learned Principal District and
Sessions Judge and Designated Special Judge (GPID),
Ahmedabad (Rural) in connection with FIR bearing
C.R.No.11191015220578 of 2022 dated 25/08/2022 registered
before Nikol Police Station, Ahmedabad City.
9. In case of Rashmikant R. Shah versus State of
Gujarat (Criminal Revision Application No. 92 of 2012)
(reported in 2012(0) AIJEL-HC-227200), this court has
observed that condition to deposit the amount while granting
R/CR.MA/22675/2022 ORDER DATED: 12/12/2022
bail to accused amounts to passing a decree without giving
opportunity to the accused in his defence.
10. In another case of "Manoj Kumar Sood and Anr v/s.
State of Jharkhand" (Petition for Special Leave to Appeal
(Cri.) No. 1274 of 2021, Hon'ble Supreme Court has held that
it is well settled by a plethora of decisions of this Court that
criminal proceedings are not for realization of disputed dues.
It is open to a Court to grant or refuse the prayer for bail,
depending on the facts and circumstance of the particular
case. The factors to be taken into consideration, while
considering an application for bail are, the nature of
accusation and the severity of the punishment in the case of
conviction; the nature of the materials relied upon by the
prosecution; reasonable apprehension of tampering with the
witnesses or apprehension of threat to the complainant or the
witnesses; reasonable possibility of securing the presence of
the accused at the time of trial or the likelihood of his
abscondence; character behaviour and standing of the
accused; the larger interest of the public or the State and
similar other considerations. A Criminal Court, exercising
jurisdiction to grant bail/anticipatory bail, is not expected to
act as a recovery agent to realise the dues of the complainant,
and that too, without any trial.
11. While considering the bail application, conditions to be
reasonable and if any harsh condition is imposed then it
amounts to rejection or denial of bail.
R/CR.MA/22675/2022 ORDER DATED: 12/12/2022
12. Thus, while considering the aspects of the aforesaid two
judgments as well as facts and circumstances of the case and
submissions made by learned advocate for the applicant, it
appears that the present application requires consideration.
13. Hence, condition no.1 of the order dated 14/11/2022
passed in Criminal Misc. Application No.3364 of 2022 is
modified to the extent that after releasing the present
applicant, he shall deposit Rs.10,00,000/- within a period of
one month and rest of the amount i.e. Rs.25,00,000/- shall be
deposited by the applicant within a period of six months from
the date of his release. Other conditions of the order dated
14/11/2022 shall remain intact.
14. Present application stands disposed of. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(SAMIR J. DAVE,J)
ILA
