Pankaj Hukamchand Jain vs State Of Gujarat
2023 Latest Caselaw 8729 Guj

Gujarat High Court

Pankaj Hukamchand Jain vs State Of Gujarat on 18 December, 2023

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R/CR.MA/12685/2023                               CAV JUDGMENT DATED: 18/12/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 12685 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE DIVYESH A. JOSHI                              Sd/-

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1    Whether Reporters of Local Papers may be allowed                  No
     to see the judgment ?

2    To be referred to the Reporter or not ?                           No

3    Whether their Lordships wish to see the fair copy                 No
     of the judgment ?

4    Whether this case involves a substantial question                 No
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                      PANKAJ HUKAMCHAND JAIN
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
MR. MANAN MEHTA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                            Date : 18/12/2023

                            CAV JUDGMENT

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210055230204 of

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R/CR.MA/12685/2023 CAV JUDGMENT DATED: 18/12/2023

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2023 registered with the Salabatpura Police Station, Surat of the offence punishable under Sections 409, 420 and 120(B) of the IPC.

2. Learned advocate Mr. Hardik A. Dave appearing for the applicant has submitted that the impugned FIR came to be lodged on 24.02.2023 and the applicant-accused was arrested on 12.04.2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate Mr. Dave has further submitted that in the present case, all the offences are exclusively triable by the Court of Magistrate. During the course of arguments, learned advocate Mr. Dave has produced a separate compilation of certain documents and submitted that in fact, the present applicant-accused is a businessman and he has purchased goods worth Rs.4,38,95,771/- from five different parties, out of which, the present applicant-accused has already paid Rs.3,25,33,141/- and, therefore, now the total outstanding dues to be paid by the applicant would be Rs.1,13,62,630/-. It is further submitted that the said transactions took place during the period between 2016 and 2022. In this regard, learned advocate Mr. Dave has also produced a chart along with the bank statement of the applicant-accused which clearly shows the bona fide intention on the part of the applicant- accused to repay the said amount. However, during the interregnum period, due to certain decisions taken by the applicant-accused, he went in financial crunches and difficulties and, therefore, he had filed Insolvency Proceedings

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R/CR.MA/12685/2023 CAV JUDGMENT DATED: 18/12/2023

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before the Competent Court at Surat. Learned advocate Mr. Dave has produced a copy of the said suit and submitted that the said suit is still pending before the competent court for final adjudication. The said suit was preferred before registration of the FIR and if the Hon'ble Court would make cursory glance upon the figures mentioned in the said insolvency suit as well as the figures mentioned in the FIR, in that event, it would be found out that both the figures are tallied with each other which clearly fortify the bona fide intention on the part of the applicant-accused. It is further submitted that there is also a delay of almost eleven months in registering the FIR. Under the circumstances, learned advocate Mr. Dave for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

3. The learned APP Mr. Manan Mehta appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP Mr. Mehta has submitted that the role of the present applicant- accused is clearly spelt out from the charge-sheet papers. Learned APP Mr. Mehta has further submitted that the applicant-accused has duped the innocent businessmen under the guise of business transactions and purchased huge quantity of goods worth crores of rupees from them which the applicant-accused failed to repay. Learned APP has also submitted that solely on the basis of filing of insolvency proceedings, the applicant-accused cannot be absolved from its liability. Learned APP Mr. Mehta has submitted that considering the role attributed to the applicant-accused, this is

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a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.

4. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that the present application is preferred after submission of the charge-sheet and now the investigation is completed and the applicant is in jail since 12.04.2023. Further, all the offences are exclusively triable by the Court of Magistrate. It has also come on record that out of the total outstanding dues, the present applicant-accused has already paid an amount of Rs.3,25,33,141/-. Moreover, the present case is based upon the documentary evidence and all the documents have already been collected by the Investigating Officer and are now in the custody of the Investigating Agency. At this juncture, this Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

5. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. Hence, the present application is allowed and the

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applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11210055230204 of 2023 registered with the Salabatpura Police Station, Surat, on executing a 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 injuries to the interest of the prosecution;

       [c]     surrender passport, if any, to the lower court within
               a    week;

       [d]     not leave the State of Gujarat without prior

permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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 this Court;

7. The authorities 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 concerned will be free to issue warrant or take appropriate action in the matter.

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8. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

9. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(DIVYESH A. JOSHI,J)

VAHID