Inderpal Punaram Sharma vs State Of Gujarat
2024 Latest Caselaw 1185 Guj

Gujarat High Court

Inderpal Punaram Sharma vs State Of Gujarat on 12 February, 2024

                                                                                NEUTRAL CITATION




 R/CR.MA/1365/2024                             CAV JUDGMENT DATED: 12/02/2024

                                                                                 undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 1365 of 2024


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE DIVYESH A. JOSHI                            Sd/-

==========================================================

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 ?

==========================================================
                     INDERPAL PUNARAM SHARMA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR KAMLESH N RAVAL(10220) for the Applicant(s) No. 1
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1
MR. DHAWAN JAYSWAL, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

    CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                           Date : 12/02/2024

                           CAV JUDGMENT

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

2. The present successive 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.I-11210003231060 of 2023 registered with the Adajan Police Station, Surat of the offence punishable under Section 306 of the IPC.

3. Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 08.11.2023 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 for the applicant has submitted that the present applicant-accused is a businessman and he has provided certain goods to the deceased on credit facilities. It is further submitted that as alleged the deceased has committed the suicide due to the demand made by the applicant-accused of his outstanding dues. However, the said fact is completely false as the deceased had also borrowed money from various other persons. The deceased had also obtained various loans and the EMIs worth Rs.1,85,000/- was due and payable by the applicant-accused for which he also applied for fresh loan which came to be rejected and that might be the reason for the deceased to take such a drastic step. It is also submitted that the alleged incident took place on 28.10.2023 for which the first information report has been lodged on 08.11.2023 and, therefore, there is gross delay of 11 days in lodging the FIR. Learned advocate for the applicant-accused has submitted there are two suicide notes alleged to have been left behind by the deceased. It is pertinent to note that before committing

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

suicide, the deceased had killed all his family members for which a complaint was registered against the deceased for the offence under Section 302 of the IPC on 02.11.2023 in which there is no reference of the applicant-accused and the second suicide note alleged to have been recovered by the Investigating Officer on 29.10.2023. In the said complaint there is a reference of only one suicide note. Sbusequently, on the basisof the second suicide note, present FIR came to be lodged on 08.11.2023 and, therefore, the recovery of the second suicide note itself creates a strong suspicion. Learned advocate for the applicant-accused has submitted that so far as the role of the applicant-accused is concerned, he is a businessman who had a business relationship with the deceased and there were certain outstanding dues to be paid to the applicant-accused by the deceased. Except that no other specific role has been attributed to the applicant-accused as to how he has abetted the commission of offence. The applicant-accused sold the goods worth Rs.20 Lakh to the deceased and the said fact is evident from the documents collected by the Investigating Officer. Learned advocate for the applicant has submitted that to prove the charges of abetment, the prosecution has to prove that the deceased was subjected to cruelty by the accused person right before the incident. However, in the present case, the prosecution has miserably failed to prove that there was any kind of pressure or instigation on the part of the applicant-accused to the deceased which led the deceased to take such a drastic step. It is also submitted that the applicant-accused is a reputed businessman who demanded his legitimate dues from the

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

deceased which is common in every business fraternity. The applicant-accuse does not have any past criminal antecedents. Learned advocate for the applicant-accused has further submitted that to constitute the offence under Section 306 of the IPC, mere allegations of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide and such an offending action ought to be proximate to the time of occurrence. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

4. The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that the deceased has committed suicide due to constant an incessant harassment meted out to him by the applicant-accused which is evident from the suicide notes collected by the Investigating Officer during the course of investigation. The said suicide notes were sent to the FSL for obtaining the handwriting expert's opinion which has already been received. The said report indicates that the writings contained in the suicide note is of the deceased and the name of the applicant-accused is very clearly mentioned in the said suicide note. Learned APP has further submitted that the deceased was suffering from acute pressure meted out by the applicant-accused and due to such intolerable harassment, the deceased has committed suicide along with all his family members. Therefore, considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

required to be exercised in favour of the applicant-accused.

5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. 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. This Court has also considered the following aspects;

a) That the investigation has already been completed and charge-sheet has also been filed;

b) That the applicant-accused is in jail since 08.11.2023;

c) That the applicant-accused does not have any past antecedents;

d) That the applicant-accused had a business relationship with the deceased for which the applicant-accused demanded his outstanding dues which is a legitimate rights of any trader;

e) The applicant-accused has been arraigned as an accused only on the basis of the suicide notes collected by the Investigating Officer and mere recovery of suicide note written by the deceased cannot be made a sole ground to book any person in the commission of the offence. Mens rea is sine qua non in the offences pertaining to abetment which prima facie, in my opinion, is found to be absent. Therefore, considering the role attributed to the applicant-accused, I am of the view that the present application deserves consideration;

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

7. 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.

8. 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.

9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.I-11210003231060 of 2023 registered with the Adajan 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;

NEUTRAL CITATION

R/CR.MA/1365/2024 CAV JUDGMENT DATED: 12/02/2024

undefined

[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;

10. 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.

11. 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.

12. 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