Allowed

Aatishbhai Surendrabhai Shah v. State of Gujarat

Gujarat HC16 Mar 2022CR.MA/2983/2022

Case brief

AI extract

What is this about?

The single-judge bench of the High Court of Gujarat admitted a criminal miscellaneous application for regular bail. The court observed that alleged diamonds were recovered, the applicant had no criminal record, and the trial would take time. Consequently, the application was allowed.

What did the court decide?

The applicant is released on regular bail upon executing a personal bond of Rs.15,000/- with one surety of the like amount and complying with specific conditions.

Aatishbhai Surendrabhai Shah Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2022)

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R/CR.MA/2983/2022 ORDER DATED: 16/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2983 of 2022

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AATISHBHAI SURENDRABHAI SHAH

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Versus STATE OF GUJARAT

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Appearance:

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MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 16/03/2022

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ORAL ORDER

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This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No. 11822019220140 of 2022 registered with Navsari Town Police Station, District Navsari, for offences punishable under sections 406, 420 and 120(B) of Indian Penal Code.

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Mr. Zubin Bharda, learned advocate for the petitioner submitted that the present petitioner was a broker who had facilitated the transaction of sale of diamonds, but, as per the alleged facts, the accused No.1 on the pretext of examining the diamonds in the sun light fled away from the place alongwith diamonds and said accused No.1 was apprehended from Goa, but, it is alleged that the said diamonds were sold in Rajasthan. Learned advocate for the petitioner submitted that the said diamonds of 27.99 carat worth Rs.28,34,080/- have been recovered. Learned advocate for the petitioner submitted that there would not be any malicious intention on the part of the petitioner as he had gone to the office of seller.

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Page 1 of 3

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R/CR.MA/2983/2022 ORDER DATED: 16/03/2022

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Learned advocate for the petitioner submitted that since the petitioner wanted to earn some brokerage from the said transaction and the accused No.1 was neighbour of the present petitioner, therefore, he had facilitated the meeting of the complainant with the accused No.1. It was, therefore, prayed that the present application may be allowed and the petitioner herein may be released on regular bail.

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Learned APP submitted that a criminal conspiracy has been committed by the petitioner and the act of cheating has been conducted, and therefore, it was urged that no discretion may be exercised in favour of the petitioner.

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Heard learned advocates on both the sides and perused the material on record. Since the alleged diamonds have been recovered by way of panchnama drawn on 08.02.2022 and there are no criminal antecedents against the petitioner and also fact that the trial will take its own time to conclude; this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.

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Hence, the present application is allowed. The petitioner is ordered to be released on regular bail in connection with FIR being C.R.No. 11822019220140 of 2022 registered with Navsari Town Police Station, District Navsari, 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;

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

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Page 2 of 3

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R/CR.MA/2983/2022 ORDER DATED: 16/03/2022

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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 concerned trial court;

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[e] furnish the present 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 concerned trial court;

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the petitioner 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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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.

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(GITA GOPI,J)

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A.M.A. SAIYED

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Page 3 of 3

Aatishbhai Surendrabhai Shah v. State of Gujarat

Case brief

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Aatishbhai Surendrabhai Shah v. State of Gujarat

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