Gujarat High Court
Tapan Kiritbhai Joshi vs State Of Gujarat on 28 June, 2024
NEUTRAL CITATION
R/CR.MA/11855/2024 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. 11855
of 2024
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TAPAN KIRITBHAI JOSHI
Versus
STATE OF GUJARAT
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Appearance:
MR JAL SOLI UNWALA, SENIOR ADVOCATE WITH
MR HITESH L GUPTA(3937) 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 .
1 1 1 9 6 0 0 3 2 4 0 3 2 0 o f 2 0 2 4 registered wit h Manjalpur
Police Station, Vadodara.
3. Heard learned advocate for the applicant and learned
APP for the respondent - State.
4. Learned Senior Advocate, upon instructions of father of
the applicant, who is present before the Court states that the
applicant is ready and willing to refund the entire amount of
NEUTRAL CITATION
R/CR.MA/11855/2024 ORDER DATED: 28/06/2024
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Rs.40 lacs to the first informant within a period of six months
from today. He, therefore, submitted to allow the present
application and enlarge the present applicant on bail subject to
suitable conditions.
5. Learned Additional Public Prosecutor appearing on
behalf of the respondent - State has opposed grant of
anticipatory bail, inter alia, contending that these kind of
crimes are rampant in the society at present. Moreover, the
present applicant had received sum of Rs.40 lacs from the
first informant for providing VISA & P.R. of Canada. However,
since the VISA could not be obtained for the first informant,
the applicant was required to refund the entire amount, which
is collected by him from the first informant. He, therefore,
submitted that there is active participation on the part of
present applicant in commission of offence in question. He,
therefore, submitted to dismiss the present application.
6. Heard learned Advocates for the parties and perused the
material available on record. Having regard to the statement made
by learned Senior Advocate, the present application deserves
consideration.
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.
NEUTRAL CITATION
R/CR.MA/11855/2024 ORDER DATED: 28/06/2024
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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
event of arrest in connection with a F I R be i ng No . C. R. No .
NEUTRAL CITATION
R/CR.MA/11855/2024 ORDER DATED: 28/06/2024
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1 1 1 9 6 0 0 3 2 4 0 3 2 0 o f 2 0 2 4 registered wit h Manjalpur
Police Station, Vadodara 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;
(g) shall file an undertaking before the concerned Trial
Court to the effect that he shall refund the entire amount to
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R/CR.MA/11855/2024 ORDER DATED: 28/06/2024
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the first informant within a period of six months without
prejudice to the rights and contentions of the applicant.
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
