Javed Anand vs State of Gujarat - 2019 Supreme(Guj) 30

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2019 Supreme(Guj) 30

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Javed Anand - Appellant
Versus
State of Gujarat - Respondent
Criminal Miscellaneous Application No. 10200 of 2018
Decided On : 08-02-2019

Subject

Criminal Law - ANTICIPATORY BAIL

Act Referred

CONSTITUTION OF INDIA : Art.21, Art.141
CRIMINAL PROCEDURE CODE : S.438, S.41(a), S.177, S.178, S.181
INDIAN PENAL CODE : S.153(a), S.34, S.149, S.409, S.406, S.420, S.467, S.468, S.120(b), S.192, S.193, S.201, S.120(b), S.295(a), S.297, S.115
INFORMATION AND TECHNOLOGY ACT : S.72, S.65, S.66(c), S.67
RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT : S.7(6)(a)

Headnote

Criminal Procedure Code, 1973 – Section 438 – Seeking grant of anticipatory bail – Involvement in more then one Criminal Case – Jurisdiction of Police Station – Held, police officer to be satisfied arrest is necessary to prevent person from committing any further offence; or for proper investigation of case; or to prevent the accused from causing evidence of offence to disappear, or tampering with such evidence in any manner, or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer, or unless such accused person is arrested, his presence in the Court whenever required cannot be ensured – Last chance to the applicants to join the investigation and cooperate with the Investigating Officer – Bail granted on payment of surety – Petition allowed [Para 40, 41]

Advocates Appeared:
Mihir Thakore, Adv., M.M. Tirmizi, Adv., Mitesh Amin, Adv.

JUDGMENT :

J.B. PARDIWALA, J.

1. By this application under section 438 of the Cr.P.C., 1973 (for short "the Code"), the applicants-original accused have prayed for the following reliefs;

"(A) YOUR LORDSHIPS BE PLEASED TO order that in the event of arrest of the applicants in connection with the offence registered as CR No.I-20/2018 with DCB Police Station, Ahmedabad City, the applicant be released on bail in the interest of justice.

(B) YOUR LORDSHIPS BE PLEASED TO order that pending admission and, or final disposal of this application the applicants be not arrested in connection with the offence registered as CR No.I-20/2018 with DCB Police Station, Ahmedabad City, in the interest of justice.

2. The first information report registered with the DCB Police Station, Ahmedabad City bearing C.R. No.I-20 of 2018 reads as under;

"I, Raeeshan Azizkhan Pathan, Aged 51 years, Occupation: Business, Resident of 28, Ajit Residency, Mil Compound, Rakhiyal, Ahmedabad;

I am residing at the above mentioned address with my family past ten years and doing the business of construction and purchase and sale of vehicles.

I was working as a field coordinator with the CJP (Citizen for Justice and Peace) Trust between the period from 28.02.2002 to 18.01.2008 at Ahmedabad. I was doing the work of the trust as per the instructions of the trustee, namely, Smt. Teesta D/o. Atul Setalvad, Resident of Nirant Bungalows, Juhu Tara Road, Mumbai (West). Besides, another trust, namely, Sabrang Trust run and managed by Teesta Setalvad and her husband Javed Anand had also obtained the fund for the victims of the riots in the name of CJP (Citizen for Justice and Peace).

The Government of India had floated a scheme viz. "Scheme for experimental and Innovative Programme for education at the elementary stage including non-formal education under the Department of School Education & the Sarv Siksha Abhiyan. Under the said scheme, the Director cum Trustee Smt. Teesta Setalvad and Mr. Javed Anand, Trustee of the Sabrang Trust had obtained an amount of Rs. 1.40 Crore from the MHRD (Ministry of Human Resource Development) towards the project "KHOJ" between the period 2010 and 2013.

I addressed a letter dated 9.5.2014 to the Secretary, HRD Ministry, New Delhi, Government of India to inquire about the amount obtained by the Sabrang Trust. In this regard, they recommended to constitute a committee. It revealed from the investigation conducted by the committee that Smt. Teesta Setalvad D/o. Atul Setalvad, Director cum Trustee and Mr. Javed Anand, who is also a trustee of the Sabrang Trust illegally got the amount sanctioned and in the said illegal activity, the officers/employees of the HRD Ministry are also involved.

An opinion of the NCERT (National Council of Educational Research & Training) was sought for by the HRD Ministry, Government of India. The NCERT gave a negative opinion. Despite the same, the HRD Ministry constituted a team called FIT (Field Investigating Team) in which two persons were appointed viz. (I) on behalf of the HRD Ministry, Government of India, Ms. Seema Rajput and (ii) Shri M.S. Nimbalkar of the Maharashtra Primary Education Council. They gave their report in favour of the Sabrang Trust for its project "KHOJ". But in the said report also, in place of Mr. M.S. Nimbalkar, the name of another person, namely, Ms. Manisha Salgavkar, Gender Coordinator was mentioned. With the signature of only one person, namely, Seema Rajput, the said report was submitted and on the basis of the said report, the project "KHOJ" was recommended to the Grant-in-Aid Committee for grant of Rs. 1.40 Crore.

As per my knowledge, the Director cum Trustee of the Sabrang Trust Smt. Teesta D/o. Atul Setalvad, despite being the member of the CABE (Central Advisory Board for Education), appeared before the Grant-in-Aid Committee (GAIC) and made presentation for its project and got sanctioned the same.