Gujarat High Court
Somchandbhai Shankerbhai Prajapati vs State Of Gujarat on 12 January, 2024
NEUTRAL CITATION
R/CR.MA/7845/2021 ORDER DATED: 12/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
7845 of 2021
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SOMCHANDBHAI SHANKERBHAI PRAJAPATI
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
KUMAR H TRIVEDI(9364) for the Respondent(s) No. 2
MEETKUMAR J PANDIT(9479) for the Respondent(s) No. 2
MS AV PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 12/01/2024
ORAL ORDER
1. By way of the present petition under Section 439(2) of the
Code of Criminal Procedure, 1973, the petitioner - first
informant has prayed to quash and set aside the order dated
6.7.2020 passed by the learned 5 th Additional Sessions Judge,
Mehsana in Criminal Misc. Application No.759 of 2020,
whereby the learned Session Judge has granted regular bail
granted to the respondent - original accused.
2. It is submitted by learned Advocate for the applicant that
respondent no.2 was granted regular bail by the order referred to
in paragraph 1 of this order by imposing specific condition that
respondent no.2 will not use the blank signed cheques of the
company lying with him; however the said cheques have been
used by the respondent no.2 and thereby committed breach of
condition. He would therefore submit that as the respondent
NEUTRAL CITATION
R/CR.MA/7845/2021 ORDER DATED: 12/01/2024
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no.2 committed breach of condition, the present petition may be
allowed and bail granted to him may be cancelled.
3. Having heard the learned Advocate for the applicant and
considering the records of the case, no case is made out to
entertain this application. Learned Advocate for the applicant
has failed to make out any case that upon usage of such
cheque/s, a loss has been caused to the applicant. To be noted
that, dispute raised by the applicant is of civil nature which has
no bearing to the order in question. It is also required to be
noted that if such loss is caused, civil remedy is available with
the applicant; but that would not be ground seeking cancellation
of bail. As held earlier, the petitioner has failed to point out
supervening circumstances, which may interfere with the fair
trial.
4. In Bhagwan Singh v Dilip Kumar @ Deepu @ Depak
reported in 2023 INSC 7613, the Hon'ble Apex Court after
considering judgment in case of Dolat Ram v State of Haryana,
(1995) 1 SCC 349; Kashmira Singh v Duman Singh, (1996) 4
SCC 693 and X v State of Telangana, (2018) 16 SCC 511, held as
follows:
'13. It is also required to be borne in mind that when a
prayer is made for the cancellation of grant of bail
cogent and overwhelming circumstances must be
present and bail once granted cannot be cancelled in a
mechanical manner without considering whether any
supervening circumstances have rendered it in
conducing to allow fair trial. This proposition draws
support from the Judgment of this Court in Daulat
Ram and others v. State of Haryana reported in (1995)
1 SCC 349, Kashmira Singh v. Duman Singh (1996) 4
SCC 693 and xxx v. State of Telangana (2018) 16 SCC
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R/CR.MA/7845/2021 ORDER DATED: 12/01/2024
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511.'
5. Before parting with the order, I may also refer the
observations made in the recent decision by the Hon'ble Apex
Court in case of Kekhriesatuo Tep and others Vs.National
Investigating Agency reported in (2023) 6 SCC 58. The relevant
observation made in para 19 reads as under:-
"The Special Judge has himself distinguished cases of the persons
who 이 have indulged into extortion for furthering the activities of
the organisation and red the persons like the present appellants,
who were government servants, and er, compelled to contribute
the amount. Hence, it cannot be said that the prima ell facie
opinion, as expressed by the Special Judge, could be said to be
perverse or impossible."
6. Resultantly, present petition fails and stands dismissed.
Notice discharged.
(J. C. DOSHI,J)
sompura
