Gujarat High Court
Jayshriben Ramsingbhai Gamit vs State Of Gujarat on 30 January, 2024
NEUTRAL CITATION
R/CR.MA/1237/2024 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1237
of 2024
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JAYSHRIBEN RAMSINGBHAI GAMIT
Versus
STATE OF GUJARAT
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Appearance:
MR ND NANAVATY, SR. ADVOCATE WITH MR YASH N NANAVATY(5626)
for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2024
ORAL ORDER
1. By way of the present petition under Section 438 of the
Code of Criminal Procedure, 1973, the petitioner has prayed to
release her on anticipatory bail in case of her arrest in
connection with the FIR registered as I-C.R.No.11214042231585
of 2023 registered with Olpad Police Station, Surat.
2. Learned Senior Advocate Mr.N.D.Nanavaty for the
petitioner submits that according to FIR, raid was conducted by
Unarmed Head Constable with LCB, Surat on godown of Pinky
Gas Service. He would further submit that there is breach of
Rule 7 of Liquefied Petroleum Gas (Regulation of Supply and
Distribution) Order, 1988. He relied on judgment of Hon'ble Apex
Court in the case of Avtar Singh v/s. State of Punjab [2023 Live
Law (SC) 272] to buttress his contention. It is further submitted
that the petitioner is lady aged 62 years. She is living in Songadh
village. It is submitted that the petitioner is not active in
business. It is submitted that petitioner's brother - Manoj Gamit
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is supervising day to day affairs of business and that event, the
petitioner could not be held guilty. There is no requirement of
custodial interrogation of the petitioner. In these circumstances,
it is submitted to grant anticipatory bail to the petitioner.
3. On the other hand, learned Additional Public Prosecutor
objecting bail application would submit that apart from section 3
and 7 of Essential Commodities Act, offence under IPC is
registered against the petitioner and therefore, judgment relied
upon in the case of Avtar Singh (supra) would not apply to the
facts of the present case. He would submit that persons who are
arrested from the spot viz. Pinky Gas Service and who is working
in the said Gas Service stated that as per modus operandi
around 2 kg of liquefied petroleum gas was extracted from the
sealed LPG bottle by unsealing it and then those LPG was filled
in some empty bottles and thereafter, they were sealing the
bottles as if it is filled by company - IOC. There is clear case of
stealing the LPG. It is submitted that when investigation is at
nascent stage, the petitioner may not be granted anticipatory
bail.
4. Having heard learned advocates for the parties, at the
outset, if we take consideration, then it appears that the
petitioner is lady aged 62 years and living in Village - Songadh.
Apparently, she is not involved in day to day affairs of business.
That is what prima facie exactly appears. According to learned
Senior Advocate for the petitioner, Manoj Gamit, who is brother
of the petitioner is involved in day to day affairs of Pinky Gas
Service. In view of this aspect and considering gravity of offence,
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maximum punishment which can entail on successful conviction
is upto 7 years.
5. It is equally incumbent upon the Court to exercise its
discretion judiciously, cautiously and strictly in compliance with
the basic principles laid down in a plethora of decisions of the
Hon'ble Apex Court on the point. It is well settled that, among
other circumstances, the factors to be borne in mind while
considering an application for bail are (i) whether there is any
prima facie or reasonable ground to believe that the accused had
committed the offence; (ii) nature and gravity of the accusation;
(iii) severity of the punishment in the event of conviction; (iv)
danger of the accused absconding or fleeing, if released on bail;
(v) character, behaviour, means, position and standing of the
accused; (vi) likelihood of the offence being repeated; (vii)
reasonable apprehension of the witnesses being influenced; and
(viii) danger, of course, of justice being thwarted by grant of bail.
Though at the stage of granting bail an elaborate examination of
evidence and detailed reasons touching the merit of the case,
which may prejudice the accused, should be avoided. Taking
into consideration the facts of the case, nature of allegations,
role attributed to the accused, without discussing the evidence
in detail, at this stage, I am inclined to exercise discretion in
favour of the petitioner.
6. This Court while exercising discretion in favour of the
petitioner has taken into consideration law laid down by the
Apex Court in the case of Siddharam Satlingappa Mhetre vs.
State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the
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Hon'ble Apex Court reiterated the law laid down by the
Constitutional Bench in the the case of Shri Gurubaksh Singh
Sibbia & Ors. Vs. State of Punjab (1980) 2 SCC 665. This Court
has also taken into consideration law laid down in the case of
Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].
7. In the result, the present petition is allowed by directing
that in the event of applicant herein being arrested pursuant to
FIR registered as I-C.R.No.11214042231585 of 2023 registered
with Olpad Police Station, Surat, the petitioner shall be released
on bail on furnishing a personal bond of Rs. 10,000/- (Rupees
Ten Thousand only) with one surety of like amount on the
following conditions that the petitioner :
(a) shall cooperate with the investigation and make
herself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
06.02.2024 between 10.00 a.m. 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;
(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
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deposit the same before the concerned trial court
within a week;
8. If breach of any of the above conditions is committed by
the petitioner, the concerned learned Judge will be free to take
appropriate action in the matter. It will be open for the
concerned Court to delete, modify and/or relax any of the above
conditions in accordance with law. At the trial, the Trial Court
shall not be influenced by the prima facie observations made by
this Court while enlarging the petitioner on bail.
Direct service is permitted.
(J. C. DOSHI,J)
SATISH
