Allowed

Jaidipsinh @ Gunjan Pradipsinh Gohil v. State of Gujarat

Gujarat HC3 Dec 2021CR.MA/17899/2021

Case brief

AI extract

What is this about?

A bail application under Section 439 CrPC filed regarding a cheating and fraud allegation. The High Court granted regular bail considering partial repayment, the applicant's young age, lack of antecedents, and parity with co-accused, subject to a personal bond, conditions of appearance, and a specific condition to deposit funds before the trial court.

What did the court decide?

Order allowing the application and releasing the applicant on regular bail subject to execution of a personal bond of Rs.15,000, a solvent surety, and specific conditions including deposit of Rs.3 lac

Jaidipsinh @ Gunjan Pradipsinh Gohil Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2021)

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R/CR.MA/17899/2021 ORDER DATED: 03/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17899 of 2021

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========================================================== JAIDIPSINH @ GUNJAN PRADIPSINH GOHIL

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Versus STATE OF GUJARAT

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

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Appearance:

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MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MR JK SHAH APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 03/12/2021

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ORAL ORDER

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[1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11198001210206 of 2021 registered with Neelambaug Police Station, Bhavnagar District: Bhavnagar for the offences under Sections 406, 409, 420, 506(2) and 114 of Indian Penal Code and section 3 of GPID Act.

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[2] Learned advocate for the applicant submits that the allegation is that there is scam of about Rs.76.55 crores and and allegation against the applicant is that Rs.9 lacs has been deposited in the account of the applicant and out of Rs.9 lacs, Rs.5 lacs has been deposited prior to the filing of the FIR whereas Rs.1,67,000 has been paid to the Cims Hospital for the treatment of Brother-in-law of the applicant, in whose company the applicant was working as an employee.

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He also submits that the applicant is young boy aged 22 years; the role attributed is that the applicant was in the

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R/CR.MA/17899/2021 ORDER DATED: 03/12/2021

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management of the company as an employee; the applicant has no antecedents. He has further submits that the co-accused who have gained monetary benefits, while working as agent in the Company are released on bail on condition to furnish bank guarantee. He further submits that two lady accused who have gained monetary benefits are released on bail.

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He also submitted that Sessions Court, Rajkot has released Co-accused Aahish Yogeshbhai Ajvaliya in Criminal Misc.Application No.2160 of 2021 and also released co-accused Gunjanbhai Atulbhai Doshi in Criminal Misc. Application No.2302 of 2021 and Co-ordinate Bench of this Court has also released Co-accused Truptiba Indrajitsinh Gohil in Criminal Misc. Application No.19191 of 2021 and also Pravinaba Surpalsinh Gohil in Criminal Misc. Application No.19205 of 2021. Hence, he has requested to release the applicant on the ground of parity also.

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He further submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has vehemently opposed this application by submitting that Rs.9 Lacs has been deposited in the account of the applicant. He has opposed grant of regular bail looking to the nature and gravity of the offence.

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[4] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

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R/CR.MA/17899/2021 ORDER DATED: 03/12/2021

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[5] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40.

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[6] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[7] This Court has considering the following aspects:

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(i) The allegation is that there is scam of about Rs.76.55 crores and and allegation against the applicant is that Rs.9 lacs has been deposited in the account of the applicant. However, from the statement of account of the applicant shown by the learned advocate for the applicant, it is clear that out of Rs.9 lacs, Rs.5 lacs has been deposited prior to the filing of the FIR whereas Rs.1,67,000 has been paid paid to the Cims Hospital for the treatment of Brother-in-law of the applicant, in whose company the applicant was working as an employee.

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(ii) Considering the statement of account of the applicant and relevant entries.

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(iii) Considered young age of the applicant.

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(iv) That other co-accused who have gained huge monetary benefits out of the transaction are released on bail.

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(v) Considered the role attributed to the applicant.

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(vi) Investigation is over and chargesheet is already filed.

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(vii) The applicant is local residence and would be easily available at the time of trial.

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R/CR.MA/17899/2021 ORDER DATED: 03/12/2021

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(viii) No antecedents are reported.

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(ix) The applicant is in custody since 14.06.2021.

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[8] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.11198001210206 of 2021 registered with Neelambaug Police Station, Bhavnagar District: Bhavnagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station once between 1^st and 5^th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent 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 this Court;

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[g] The applicant is directed to deposit Rs.3 lacs before the concerned trial court on or before 05.03.2022 and undertaking to that effect shall be filed before the concerned trial court within a

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R/CR.MA/17899/2021 ORDER DATED: 03/12/2021

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period of 15 days from today.

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[9] The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

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[10] Rule is made absolute to the aforesaid extent. DIRECT SERVICE IS PERMITTED.

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Over and above direct service, Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith .

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(RAJENDRA M. SAREEN,J)

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R.H. PARMAR

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Jaidipsinh @ Gunjan Pradipsinh Gohil v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Jaidipsinh @ Gunjan Pradipsinh Gohil v. State of Gujarat

Case brief

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