Gujarat High Court
Senma Hardikkumar Dineshbhai vs State Of Gujarat on 28 June, 2024
NEUTRAL CITATION
R/CR.MA/11841/2024 ORDER DATED: 28/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11841
of 2024
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SENMA HARDIKKUMAR DINESHBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/06/2024
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. By way of the present application under Section 438 of
the Code of Criminal Procedure, 1973, the applicant-accused
has prayed for enlarging the applicant on anticipatory bail in
connection with the FIR be i ng C. R. No .
11209020240677 OF 2024 registered wit h Idar
Police Station, Sabarkantha.
3. Heard learned advocate for the applicant and learned
APP for the respondent - State.
4. Learned advocate for the applicant has submitted that
the applicant is apprehending arrest in connection the aforesaid
FIR and in this connection the earlier application filed by the
applicant before the learned Sessions Court came to be dis-
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R/CR.MA/11841/2024 ORDER DATED: 28/06/2024
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allowed.
5. Learned Additional Public Prosecutor appearing on
behalf of the respondent - State has opposed grant of
anticipatory bail, inter alia, contending that the present
applicant was working as a Branch Manager and had certified
a death certificate of one Manubhai Maganbhai Chenva
without any verification. She, therefore, submitted to dismiss
the present application.
6. Heard learned Advocates for the parties and perused the
material available on record. As per the case of prosecution, the
other co-accused Bhavnaben had obtained a loan from the
financial company of Rs.30,000/-. Against the said loan, she and
her husband had also obtained a joint insurance policy. After
obtaining the loan, the co-accused Bhavnaben had furnished a
death certificate of her husband viz. Manubhai Maganbhai
Chenva, which was subsequently found to be fake. On the basis
of the said forged death certificate, the insurance policy was
encashed and the amount of Rs.30,000/- has been paid by the
insurance company to the finance company. So far as the role
attributed to the present applicant is to the effect that the
applicant had certified the death certificate to be authentic.
Except this, no other overt act has been attributed to the present
applicant.
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;
NEUTRAL CITATION
R/CR.MA/11841/2024 ORDER DATED: 28/06/2024
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(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
applicant.
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.
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
applicant is ordered to be released on anticipatory bail in the
NEUTRAL CITATION
R/CR.MA/11841/2024 ORDER DATED: 28/06/2024
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event of arrest in connection with a F I R be i ng No . C. R. No .
11209020240677 OF 2024 registered wit h Idar
Police Station, Sabarkantha on executing a personal bond
of Rs.10,000/- (Rupees Ten Thousand Only) 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
0 2 . 0 7 . 2 0 2 4 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;
(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
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10. At the trial, the concerned trial court shall not be
influenced by the prima facie observations made by this Court in
the present order.
11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J)
GIRISH
