Allowed

Sanjaysinh Anopsinh Sarvaiya v. State of Gujarat

Gujarat HC6 Dec 2021CR.MA/16942/2021

Case brief

AI extract

What is this about?

A single judge of the Gujarat High Court考量ed an application for anticipatory bail regarding offences under the Essential Commodities Act and Information Technology Amendment Act. Considering the co-accused had been granted bail previously and noting the applicant has no antecedents, the court granted bail.

What did the court decide?

Anticipatory bail granted upon execution of a personal bond of Rs. 15,000 with one surety of like amount, subject to conditions of cooperation with investigation and non-removal from India.

Sanjaysinh Anopsinh Sarvaiya Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2021)

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R/CR.MA/16942/2021 ORDER DATED: 06/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 16942 of 2021

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========================================================== SANJAYSINH ANOPSINH SARVAIYA

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1 MR UMANG R VYAS(5595) for the Applicant(s) No. 1 MS. MONALI BHATT, APP for the Respondent(s) No. 1

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==========================================================

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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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Date : 06/12/2021

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ORAL ORDER

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Heard learned advocate Mr. Rutvij Oza for the applicant and learned APP Ms. Monali Bhatt for the Respondent – State.

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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. 11198053210574 of 2021 registered with Talaja Police Station, District: Bhavnagar for the offences punishable under Sections 3 and 7 of the Essential Commodities Act and Sections 66-C and 66-D of the Information Technology (amendment) Act and Section 38(i) of the Aadhar Act.

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The brief facts of the case are that on 19.7.2021 at about 11.00 AM, when the First Informant was in the OfÏce, at that time she has been instructed by the District Supply OfÏcer to go for the help of the inspection team. That, when First Informant has carried out inspection on 19.7.2021, at the shop of Yograjsinh Rajendrasinh Sarvaiya, situated at Gopnath Road, Opp. Shiv Oil Mill, behind Madhavraj Pan, Talaja, she found accused No. 3 namely Divyarajsinh

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Page 1 of 5

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R/CR.MA/16942/2021 ORDER DATED: 06/12/2021

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Rajendrasinh Gohil was sitting in the chair and upon inquiry it was revealed that he is the administrator of the fair prize shop situated at Bharoli Village. That, upon search, she found three laptops and coupons of Makhaniya Village and registers of different fair prize shop, laptops, Mantra Thumb Devices, Electronic Devices and other records were found from the place on inspection and therefore, on the basis of the order issued by the District Collector, Bhavnagar, the first informant was authorized to lodge the present FIR.

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Learned advocate for the applicant has submitted that the applicant is apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the applicant before the learned Sessions Court came to be dis-allowed. Learned advocate for the applicant has submitted that just to give criminal colour, a false and frivolous complaint is created to pressurize the present applicant. He further submitted that there is no antecedent upon the applicant. He also submitted that the co-ordinate Bench has enalarged the co-accused on anticipatory bail in Criminal Misc. Application No. 15090 of 2021 by order dated 27.8.2021, therefore parity may be given to the applicant. He urged that for the offence committed by the applicant, maximum punishment is up to 7 years and therefore, the present application may kindly be allowed.

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Learned advocate for the applicant has further argued that the applicant will keep himself available during the course of investigation and trial also and will not flee from justice.

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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 submitted 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.

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Page 2 of 5

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R/CR.MA/16942/2021 ORDER DATED: 06/12/2021

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Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail.

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Learned APP Ms. Monali Bhatt appearing on behalf of the respondent – State has opposed grant of anticipatory bail and submitted that parity may not be given to the applicant because he is the owner of the shop and the co-accused who has been enlarged on anticipatory bail by the co-ordinate Bench is the administrator of the Shop. She also submitted that the instruments for the malpractice of the Bio- Aadhar link Coupon is found from the possession of the concerned person, therefore the custodial interrogation is necessary and submitted that looking to the nature and gravity of the offence, the discretion may not be exercised in favour of the applicant.

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Having heard the arguments advanced by the learned advocates for the parties and perusing the material 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, I am inclined to grant anticipatory bail to the applicant.

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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;

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(i) prima facie case

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(ii) requirement of accused for custodial interrogation.

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(b) There is no antecedent upon the present applicant (c) the coordinate Bench has enalarged the co-accused on anticipatory bail in Criminal Misc. Application No. 15090 of 2021 by order dated 27.8.2021, therefore, parity is given to the applicant.

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Therefore, in the facts and circumstances of the present

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Page 3 of 5

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R/CR.MA/16942/2021 ORDER DATED: 06/12/2021

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case, this court is inclined to consider the case of the applicant.

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This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sushila Aggarwal & Ors. Vs. State (NCT of Delhi)- Anr. reported in 2020 SCC Online SC 98 and 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 .

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In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with the aforesaid FIR on executing a personal bond of Rs.15,000/- with one surety of like amount on the following conditions:

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(a) shall cooperate with the investigation and make available for interrogation whenever required;

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(b) shall remain present at concerned Police Station on 5.1.2022 between 12.00 noon and 2.00 p.m.;

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(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;

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(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;

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(e) shall at the time of execution of bond, furnish the address to

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Page 4 of 5

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R/CR.MA/16942/2021 ORDER DATED: 06/12/2021

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the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;

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(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; and

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(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide the remand application without being influenced of the observations made by this Court;

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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.

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At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.

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Rule is made absolute. Direct service is permitted.

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(A. C. JOSHI,J)

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prk

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Sanjaysinh Anopsinh Sarvaiya v. State of Gujarat

Case brief

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Sanjaysinh Anopsinh Sarvaiya v. State of Gujarat

Case brief

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