Gujarat High Court
Girdharlal Veljibhai Santoki vs State Of Gujarat on 19 December, 2023
NEUTRAL CITATION
R/CR.MA/22614/2023 ORDER DATED: 19/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 22614
of 2023
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GIRDHARLAL VELJIBHAI SANTOKI
Versus
STATE OF GUJARAT
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Appearance:
MR. N.D.NANAVATY, SENIOR ADVOCATE with MS MEGHA JANI(1028) for
the Applicant(s) No. 1,2,3
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/12/2023
ORAL ORDER
1. By way of the present application under Section 438 of the Code of
Criminal Procedure, 1973, the applicants-accused persons have prayed for
enlarging the Applicants on anticipatory bail in connection with the FIR being
C.R. No. 11208052230737/2023 registered with Bhaktinagar Nagar Police
Station, Rajkot City for the offenses punishable under Sections 306, and 114 of
the Indian Penal Code.
2. Heard learned Senior Advocate Mr. N.D.Nanavaty appearing with
learned Advocate Ms. Megha Jani for the Applicants and learned APP Mr.
Ronak Raval for the Respondent - State.
3. Learned Senior Advocate for the Applicants has submitted that the
Applicants are apprehending their arrest in connection the aforesaid FIR and in
this connection the earlier application filed by the Applicants before the learned
Sessions Court came to be dis-allowed. It is submitted that the Applicants were
running an industry in the name and style of Amul Industries Private Limited
NEUTRAL CITATION
R/CR.MA/22614/2023 ORDER DATED: 19/12/2023
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which was situated at GIDC Aaji. Because of some administrative reasons, the
unit was required to be shifted to Tamil Nadu and all the employees of the
industry were transferred to the Unit at Ranipet District Tamil Nadu. The
deceased was also one of such employee who was also transferred to the said
Unit upon relocation of the industry in question. Learned Senior Advocate Mr.
N.D.Nanavaty submitted that merely because the deceased was transferred to
some other State, the Applicants herein cannot be said to have abetted the
commitment of suicide by the deceased.
4. Learned Senior Advocate Mr. N.D.Nanavaty on instructions
states that the applicants are ready and willing to 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 the remand. It is
further submitted that upon filing of such application by the Investigating
Agency, the right of applicants accused to oppose such application on merits
may be kept open. Learned Senior Advocate, therefore, submitted that
considering the above facts, the Applicants may be granted anticipatory bail.
5. Learned APP Mr. Ronak Raval has opposed grant of anticipatory
bail inter alia and submitted that looking to the nature of allegations levelled
against the Applicants, the Application may be dismissed.
6. Heard learned Advocates for the parties and perused the record.
From the record, it appears that the present Applicants were running an
industry namely Amul Industries Pvt. Ltd. which was situated at GIDC Aaji.
Due to some labour unrest in the industry, the said Unit was decided to be
shifted to Ranipet, Vellore, District Tamil Nadu. The deceased was also sought
to be transferred to the place of relocation. Being aggrieved and dissatisfied
with the same, the deceased appears to have committed suicide. It is to be
noted that it was not only the deceased who was transferred but the other
employees were also transferred along with him.
NEUTRAL CITATION
R/CR.MA/22614/2023 ORDER DATED: 19/12/2023
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6.1 As per the case of the prosecution, as per the allegations levelled
against the Applicants the present Applicants were the only reason for the
deceased to commit suicide. However, from the record, it appears that no
specific overt act has been attributed to the present Applicants.
6.2 From the perusal of the FIR and the other record, it appears that the
deceased was under tremendous pressure as he was asked to join the industry at
the place of relocation and because of the said pressure he appears to have
committed suicide. Merely the deceased was asked by the present Applicants
to join his duty at the place of relocation district, cannot be said to have abetted
the suicide committed by the deceased.
7. This Court has considered following aspects,
(a) as per catena of decisions of Hon'ble Supreme 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.
Therefore, in the facts and circumstances of the present case, this
court is inclined to consider the case of the applicants.
8. This Court has also taken into consideration the law laid down
by the Hon'ble Apex Court 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. Further, this Court has also taken into
consideration the ratio laid down in the case of Sushila Aggarwal and Ors. v.
State (NCT of Delhi) and Anr. in Special Leave Petition No. 7281-
7282/2017 dated 29.01.2020.
NEUTRAL CITATION
R/CR.MA/22614/2023 ORDER DATED: 19/12/2023
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8.1 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 observe 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.
9. In the result, the present application is allowed. The applicants are
ordered to be released on anticipatory bail in the event of their arrest in
connection with a F I R be i ng C. R. No . 1 1 2 0 8 0 5 2 2 3 0 7 3 7 / 2 0 2 3
registered wit h Bhaktinagar Nagar Police Station, Rajkot City for the
offe nse s puni sha bl e unde r S ec tions 3 0 6 , a n d 1 1 4 o f t h e I n d i a n
P e n a l C o d e on executing a personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) each 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 6 . 1 2 . 2 0 2 3
between 12.00 Noon and 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;
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(e) shall at the time of execution of bond, furnish the address to the
investigating officer and the court concerned and shall not change 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
(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;
10. The applicants 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 applicants, 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.
11. At the trial, the concerned trial court shall not be influenced by the
prima facie observations made by this Court in the present order.
12. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
NEUTRAL CITATION
R/CR.MA/22614/2023 ORDER DATED: 19/12/2023
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(M. R. MENGDEY,J)
J.N.W / 23
