IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIPUL M. PANCHOLI, J.
Niteshkumar Bhaichadbhai Sorathiya - Appellant
Versus
State of Gujarat - Respondent
Criminal Miscellaneous Application No. 1158 of 2019
Decided On : 13-02-2019
Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 406, 420, 114 and 120(B) - Gujarat Protection of Interest of Depositors Act, 2003 - Section 3 - Bail sought - Prize, Cheat and Money Circulations Schemes Act, 1978 - Sections 4, 5 and 6 - Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary - He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice - Held, Applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate - This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand - However, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law - It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order - Application allowed. (Para 13)
VIPUL M. PANCHOLI, J.
1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. I- 257/2018 registered with Vastrapur Police Station, Ahmedabad for the offenses punishable under Sections 406, 420, 114 and 120(B) of the Indian Penal Code and subsequently, Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003 and Sections 4, 5 and 6 of the Prize, Cheat and Money Circulations Schemes (Banning) Act, 1978.
2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.
3. Learned advocate appearing for the applicant submitted that till date, four different FIRs are registered against the applicant, out of which, the applicant has been released on regular bail in two cases by the concerned Designated Court after verifying the affidavit filed by the concerned Investigating Officer and after considering the investigation papers and in support of it, he has placed on record copies of the orders passed in Criminal Misc. Application No.3319/2018 and Criminal Misc. Application No.3283/2018, which are taken on record. It is submitted that so far as the present case is concerned, as per the allegations leveled in the FIR, the complainant has invested an amount of Rs. 25,000/-, out of which, he has received an amount of Rs. 6,500/- as commission, however, remaining amount of Rs. 18,500/- is not received back because of the fraud committed by the concerned accused. It is submitted that as per the affidavit filed by the Investigating Officer, total scam is of Rs. 7,82,00,000/- and more, however so far as the present application is concerned, only allegation is with regard to an amount of Rs. 18,500/-. Learned advocate for the applicant has referred to the reasons assigned by the Designated Court while releasing the applicant on regular bail in two other cases and contended that if after the arrest, the applicant is going to be released on bail by the Designated Court then, this Court may release the applicant on anticipatory bail.
4. It is further submitted that in other two cases, after the arrest of the applicant, the concerned Court has granted remand and during the course of custodial interrogation, the concerned Investigating Officer has obtained necessary information and, therefore, now custodial interrogation of the applicant in the present FIR is not required. He, therefore, urged that the present application be granted.
5. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.
6. Learned APP has vehemently opposed the present application and contended that the applicant is involved in a serious crime, wherein number of persons have been duped in the scheme floated by the main accused, Vinay Shah. It is submitted that during the course of investigation, the Investigating Officer has recorded the statements of more than 875 witnesses, who are the victims of the scheme floated by main accused, Vinay Shah. It is further submitted that the applicant is one of the members in the core group. It is submitted that the main accused, Vinay Shah has created Core Committee group in the WhatsApp and the applicant is one of the member
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