Allowed

Kiran Savajibhai Solanki v. State of Gujarat

Gujarat HC15 Mar 2022CR.MA/2182/2022

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a bail application under Section 439 CrPC for an applicant charged with making counterfeit currency. The court found the applicant had scant involvement as stolen materials were found on a co-accused's laptop and notes were not on him, making it a fit case for bail.

What did the court decide?

Application allowed; applicant ordered to be released on regular bail via personal bond of Rs. 15,000 with one surety.

Kiran Savajibhai Solanki Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2022)

¶1

R/CR.MA/2182/2022 ORDER DATED: 15/03/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 2182 of 2022

¶4

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

¶5

KIRAN SAVAJIBHAI SOLANKI

¶6

Versus STATE OF GUJARAT

¶7

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

¶8

Appearance:

¶9

KARAN Y VYAS(8539) for the Applicant(s) No. 1 MR. J.K.SHAH, APP for the Respondent(s) No. 1

¶10

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

¶11

CORAM: HONOURABLE MS. JUSTICE GITA GOPI

¶12

Date : 15/03/2022

¶13

ORAL ORDER

¶14

This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being CR.No.11191011210117 of 2021 registered with D.C.B Police Station, Ahmedabad City for offences punishable under Section 489(A), 489(B), 489(C), 489(D) and 120(B) of the Indian Penal Code.

¶15

Mr. Karan Y. Vyas, learned advocate for the applicant, submitted that the applicant was residing with the co-accused Divyang Ramabhai Dabhani as he was his school friend staying together at Ahmedabad and was preparing for the competitive examinations. Mr.Vyas, referred to the “Airmen Recruitment Scheduled Test” for which the examination was scheduled to be held on 19.03.2020, further referred the examination for “Bin Sachivalay Clerk” which was scheduled to be held on 13.02.2022, advertisement No.150/201819. Mr. Vyas, stated that whatever soft-copies that were found in the laptop of accused No.5 and the password to that folders were also in

¶16

Page 1 of 4

¶17

R/CR.MA/2182/2022 ORDER DATED: 15/03/2022

¶18

some other name which was not related to the present applicant and the place where the raid was carried out the sister of the co-accused- Divyang Ramabhai Dabhani was present there.

¶19

2.1 Mr. Vyas, learned advocate stated that the fake notes material for the printing of counterfeit notes were found from the house and also submitted that the custody cannot be attributed to the present applicant as the soft-copies and the files were found from the laptop of the co-accused, further stated that there was no custody of laptop or computer attributed to the present applicant and there was no relation with the printer that was found at the place where the allegation is that counterfeit notes were prepared. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

¶20

Mr. J.K.Shah, learned Additional Public Prosecutor, submitted that the present applicant was staying along with the co-accused- Divyang Ramabhai Dabhani in the house on rental basis. The discovery panchnama was at the instance of both the accused where the printer, laptop, cutter machine, fiber materials, colour xerox papers and the prints for preparing the counterfeit notes were found. Thus, submitted that the present applicant had knowledge and since both were found in the same residential premises, they were sharing the common intention. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

¶21

Heard learned advocates on both the sides and perused the material on record. The documents have been produced by

¶22

Page 2 of 4

¶23

R/CR.MA/2182/2022 ORDER DATED: 15/03/2022

¶24

the advocate to submit that the applicant was appearing for competitive exams and in the demonstration panchnama the password for opening the programme was sought from accused No.5- Divyang Ramabhai Dabhani . At the relevant time too, the applicant inform the police that he was pursuing his studies and as per the submission, counterfeit notes were found from the pockets of accused No.1, 2 and 3 while no such notes were found from the present applicant and in the presence of Panchas too the accused No.5 had inform that the laptop belonged to him. Considering the facts and circumstances of the case and since the trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

¶25

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the complaint being CR.No.11191011210117 of 2021 registered with D.C.B Police Station, Ahmedabad City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

¶26

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

¶27

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

¶28

[d] not leave India without prior permission of the concerned trial court;

¶29

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of

¶30

Page 3 of 4

¶31

R/CR.MA/2182/2022 ORDER DATED: 15/03/2022

¶32

execution of the bond and shall not change the residence without prior permission of the concerned trial court;

¶33

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.

¶34

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

¶35

(GITA GOPI,J)

¶36

SLOCK BAROT

¶37

Page 4 of 4

Kiran Savajibhai Solanki v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Kiran Savajibhai Solanki v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendra Prasad Vishnu Prasad Gupta Vs State of Gujarat

Sonu Rameshji Nandkishorji Joshi Vs State of Gujarat

Vinod Rajendraprasadbhai Khatik (Tusavara) Vs State of Gujarat

Jatin Verma Vs State of Gujarat

Ahmed Ali Vs State of Gujarat

Mittal Pradipbhai Patel Vs State of Gujarat