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2021 DIGILAW 343 (GUJ)

Husain @ Babu Ismail Sati v. State of Gujarat

2021-04-27

A.S.SUPEHIA

body2021
ORDER : 1. Heard the learned advocates for the respective parties through video conferencing. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an FIR being C.R. No.11217036200331 of 2020 registered with Varahi Police Station, Dist.Patan for the offences punishable under Sections 468, 469, 471, 465, 201, 120B, 114, 467, 411, 474, 407, 408 of the Indian Penal Code, 1860. 3. Learned advocate appearing for the applicant submitted that the applicant is arrested in connection with the offence registered as C.R. No.11217036200331 of 2020 with Radhanpur Police Station, District Patan for the offences punishable under Sections 407 and 408 of the Indian Penal Code, 1860. He has submitted that the investigating agency, by way of a report dated 15.07.2020 sought to add Sections 120B and 114 of the IPC, which came to be allowed vide order dated 16.07.2020. He has further submitted that another report dated 02.08.2020 came to be filed seeking to add Sections 467 and 411 of the IPC, which came to be allowed vide order dated 02.08.2020. He has submitted that further by way of a report dated 20.07.2020 Sections 465 and 201 of the IPC sought to be added, which was allowed vide order dated 20.07.2020. Further, by way of a report dated 08.08.2020, Section 474 of the IPC sought to be added, which was allowed vide order dated 11.08.2020 and another report dated 07.11.2020 came to be filed seeking to add Sections 413 and 414 of the IPC, which came to be allowed vide order dated 07.11.2020. He has further submitted that the investigation is over and chargesheet as well as supplementary chargesheet have been filed for the offences punishable under Sections 407, 408, 465, 467, 468, 469, 471, 411, 474, 120B, 201, 413, 414 and 114 of the IPC. 3.1 The allegations made in the FIR are briefly stated that one Bhavinbhai Kanaiyalal Ramani filed the complaint that he is working as a manager in company named Patel Retail Private Limited, which is involved in procuring agricultural goods from different dealers and selling the same to the refineries. It is alleged that on 03.07.2020, the complainant came to Unjha and purchased 345 bags of cumin seeds worth Rs.24,58,945.19 from Shah Virchand Premji Firm and contacted Haribhai Gopalbhai Ahir from Chapredi Transporters for transporting the same to Dudhai. It is alleged that on 03.07.2020, the complainant came to Unjha and purchased 345 bags of cumin seeds worth Rs.24,58,945.19 from Shah Virchand Premji Firm and contacted Haribhai Gopalbhai Ahir from Chapredi Transporters for transporting the same to Dudhai. Haribhai arranged the transport through the truck driver – accused no.1 applicant herein for transporting the cumin seeds to Dudhai. It is alleged that accordingly the applicant herein contacted the complainant and got the goods loaded in the truck bearing registration No.GJ12Y8068 and left for Dudhai on 03.07.2020. The truck was to reach its destination on the next day i.e. on 04.07.2020 in the morning hours. Since the truck did not reach Dudhai till 4:00 in the evening, the owner of the transport company started searching for the same but could not find and thus the complaint came to be filed before Varahi Police Station on 05.07.2020 initially for the offences punishable under Sections 407 and 408 of the IPC. 3.2 Learned advocate appearing for the applicant submitted that the applicant is arrested on 01.08.2020. Co-accused – accused no.2 mentioned in the chargesheet counter of Criminal Case No.85 of 2020 – Hanif Latif has been enlarged on regular bail by this Court vide order dated 09.10.2020 passed in Criminal Misc. Application No.14071 of 2020. Co-accused – accused no.4 mentioned in the chargesheet counter of Criminal Case No.85 of 2020 – Hanif Sama is also enlarged on regular bail by this Court vide order dated 04.12.2020 passed in Criminal Misc. Application No.18270 of 2020. Co-accused – accused no.7 mentioned in the chargesheet counter of Criminal Case No.85 of 2020 – Parvezkhan Malek is also enlarged on regular bail by this Court vide order dated 29.09.2020 passed in Criminal Misc. Application No.12656 of 2020. Co-accused – accused no.3 mentioned in the chargesheet counter of Criminal Case No.85 of 2020 – Osman Adam is also enlarged on regular bail by the Sessions Court vide order dated 17.08.2020 passed in Criminal Misc. Application No.286 of 2020. Coaccused – accused nos.2 and 3 mentioned in the chargesheet counter of Criminal Case No.2 of 2021 – Latif Nareja and Mubaarak Nareja respectively are also enlarged on regular bail by this Court vide order dated 10.12.2020 passed in Criminal Misc. Application No.17783 of 2020. Application No.286 of 2020. Coaccused – accused nos.2 and 3 mentioned in the chargesheet counter of Criminal Case No.2 of 2021 – Latif Nareja and Mubaarak Nareja respectively are also enlarged on regular bail by this Court vide order dated 10.12.2020 passed in Criminal Misc. Application No.17783 of 2020. Coaccused – accused no.5 mentioned in the chargesheet counter of Criminal Case No.85 of 2020 – Balantsinh Jadeja is granted regular bail by the JMFC vide order dated 04.08.2020. Lastly, it is urged by the learned advocate for the applicant that the applicant may be released on bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail considering the nature and gravity of the offence and submitted that the applicant may not be released on bail. 5. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order. 6. Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant. This Court has considered following aspects; (i) The role attributed to the accused; (ii) The applicant is in judicial custody since 01.08.2020; (iii) Prima facie there are no criminal antecedents of the applicant; (iv) The investigation is over and the chargesheet is filed; (v) Many of the co-accused have been released on bail either by this Court or by the lower court; (vi) There is no recovery or discovery at the instance of the present applicant. 7. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 . 8. 7. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 . 8. In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R. No.11217036200331 of 2020 registered with Varahi Police Station, Dist.Patan, on executing a personal bond of Rs.10,000/( Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) surrender his passport, if any, to the lower court within a week; (d) not leave the State of Gujarat without prior permission of the concerned Trial Court; (e) not to enter Patan District till the evidence of the complainant is over; (f) mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.; (g) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Trial Court; 9. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case. 10. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly. 11. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly. 11. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode. 12. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.