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Gujarat High Court · body

2017 DIGILAW 46 (GUJ)

Praful Manubhai Raval v. State of Gujarat

2017-01-11

C.L.SONI

body2017
ORDER C.L. Soni, J. 1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR at Annexure-A being C.R. No. 1-42/2016 registered with DCB Police Station, Ahmedabad for the offences punishable under Sections 406 and 420 of the Indian Penal Code and under Section 66(C)(D) of the Information Technology Act. Learned Advocate Gadhvi for the applicant submitted that the F.I.R. is lodged just to settle the score of the dispute relating to the business undertaken by the informant with the applicant in partnership as stated in the F.I.R. He submitted that entire narration given out in the F.I.R. reflects that the dispute is of civil nature and without any material, the allegations of transfer of Rs. 80 lacs through on-line transaction are made in the F.I.R. He further submitted that pursuant to the order dated 26.12.2016 the applicant appeared before the Investigating Officer for his questioning and the applicant is agreeable to further cooperate with the investigation in connection with the F.I.R. He, therefore, urged to exercise discretion in favour of the applicant under Section 438 of the Code. 2. Learned APP Mr. Patel on the other hand, submitted that the informant has alleged cheating him by the applicant to the extent of Rs. 80 lacs and since in connection with the allegations made in the F.I.R., the investigation is in progress, the Court may not exercise the discretion in favour of the applicant under Section 438 of the Code. 3. The Court, having heard the learned advocates for both the sides and having considered the nature of the allegations made in the FIR with the police papers, and having also considered that pursuant to the order dated 26.12.2016, the applicant appeared before the Investigating Officer for his questioning and has undertaken to co-operate with further investigation in connection with the F.I.R., finds that discretion deserves to be exercised under Section 438 of the Code in favour of the applicant. 4. In the result, the present application is allowed. It is ordered that in case the applicant herein is arrested in connection with FIR at Annexure-A being C.R. No. 1-42/2016 registered with DCB Police Station, Ahmedabad he shall be released on bail on furnishing a personal bond of Rs. 4. In the result, the present application is allowed. It is ordered that in case the applicant herein is arrested in connection with FIR at Annexure-A being C.R. No. 1-42/2016 registered with DCB Police Station, Ahmedabad he shall be released on bail on furnishing a personal bond of Rs. 10,000/- (Rupees Ten Thousands only) with one surety of like amount, on the following conditions that he: (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 18.1.2017 between 11:00 a.m. and 2:00 p.m.; (c) shall not misuse his liberty; (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 his residence till the final disposal of the case or till further orders; (f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week. 5. This order shall not be construed to divest the Investigating Agency to ask for remand of the applicant if required. In such case, the 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. This is, 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. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute. The present application is disposed of accordingly.