Dismissed

Kaushal Brijmohan Rathi v. State of Gujarat

Gujarat HC24 Nov 2022CR.MA/6529/2022

Case brief

AI extract

What is this about?

In an appeal against bail cancellation, the High Court rejected the application. The Chief Prosecutor argued non-deposit of passport by the accused broker, who aided Mr. Pankaj Sachdeva, but the court found no passport condition in the original order and noted the principal accused was already arrested. Bail was maintained.

What did the court decide?

Application for cancellation of bail rejected; bail to respondent no.2 stands maintained.

Kaushal Brijmohan Rathi Vs State of Gujarat — Contract and Commercial Disputes | Gujarat HC (2022)

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6529 of 2022

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KAUSHAL BRIJMOHAN RATHI

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Versus STATE OF GUJARAT

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Appearance:

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MR PREM D DAVE(10958) for the Applicant(s) No. 1 MR ARPIT A KAPADIA(3974) for the Respondent(s) No. 2 MR HARDIK MEHTA, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 24/11/2022

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ORAL ORDER

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1. Mr. Prem Dave, learned advocate for the applicant submits that the learned Sessions Judge had not laid down any condition against the respondent no.2 for deposing his passport and submits that the respondent no.2 is the one and only broker who has introduced Mr. Pankaj Sachdeva and assured about his credibility before many victims as modus operandi to dupe all of them with a criminal intent. Mr. Dave submits that the present respondent no.2 was working with Mr. Pankaj Sachdeva and both of them

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Page 1 of 6

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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sat in the common office and under
criminal conspiracy, had duped money. Mr.
Dave submits that the present respondent
no.2 and Mr. Pankaj Sachdeva had assured
repayment of the money. Inspite of that,
they failed to do so and the cheques were
issued with the signature of the deceased
mother of Mr. Pankaj Sachdeva and no
complaint could be filed even under the
N.I. Act and that act has been in
furtherance of the criminal conspiracy to
cheat and defraud the victims and
therefore, both of them have duped money
to the extent of Rs.3,92,78,571/- and
thus, submits that bail granted to the
respondent no.2 is required to be
canceled.

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2. Countering the same, Mr. Arpit Kapadia, learned advocate for respondent no.2 submits that no condition was laid down by the learned Sessions Judge of depositing the passport. Further, in another case bearing FIR no.11214021220357/2022, one of the bail

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Page 2 of 6

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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condition in Criminal Misc. Application
no.2923 of 2022 by the learned Additional
Sessions Judge was surrendering the
passport before the learned Trial Court
and therefore, in compliance of the
condition, passport is deposited before
the learned Trial Court concerned. Thus,
Mr. Kapadia submits that there is no any
breach of condition of the impugned bail
order.

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3.Further, Advocate Mr. Kapadia submits
that respondent no.2 is himself an
aggrieved victim and had also sold goods
worth Rs.58,33,576/- to Mr. Pankaj
Sachdeva (Global Silk Mills) during the
period between 26.6.2021 to 10.9.2021 and
the goods were delivered by valid challan
and since Mr. Pankaj Sachdeva had cheated
respondent no.2, he filed a complaint
before the Police Commissioner and
concerned Police Station at GIDC Police
Station, Sachin, Surat against Mr. Pankaj
Rameshchandra Sachdeva. The police has
not informed the respondent no.2 about

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Page 3 of 6

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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the progress of the investigation, but
Mr. Kapadia submits that in connection
with the FIR of the impugned bail order,
Mr. Pankaj Sachdeva is arrested. Advocate
Mr. Kapadia further submits that the
amounts which are required to be
recovered by the victim is only from Mr.
Pankaj Sachdeva and that the allegation
against the present applicant is of a
broker and hence, urged to reject the
application.

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4.One of the ground which has been raised
for cancellation of bail is non-deposit
of the passport. However, the impugned
bail order does not lay down any
condition of surrendering of passport
where it is stated by Advocate Mr.
Kapadia that the passport has been
deposited before the learned Trial Court
in connection with another FIR. Hence,
there is no such intention of the
respondent no.2 not to abide by the order
of the Court. The facts which have been
brought on record suggest that the

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Page 4 of 6

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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respondent no.2 has also given a
complaint against Mr. Pankaj Sachdeva
before the concerned Police Station in
regard to the goods transaction as stated
and the role which has been attributed to
the respondent no.2 is of being broker
who had introduced Mr. Pankaj Sachdeva to
the victims and as Mr. Pankaj Sachdeva is
already arrested by the police, this
Court does not find any reason to
interfere with the bail granted to the
respondent no.2. Further, no any
overwhelming or supervening event has
been brought to the notice of the Court
for canceling the bail granted and it is
trite law that normally very cogent and
overwhelming circumstances or grounds are
required to cancel the bail already
granted unless the strong case of
supporting event is made out and order
granting bail is not likely to interfere
under Section 439(2) of the Code of
Criminal Procedure, 1973. Further, there
is no allegation of any misuse of
liberty. Thus, this Court does not find

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Page 5 of 6

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R/CR.MA/6529/2022 ORDER DATED: 24/11/2022

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any reason to interfere in the
application. Hence, the present
application stands rejected.

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(GITA GOPI,J)

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Maulik

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Page 6 of 6

Kaushal Brijmohan Rathi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Kaushal Brijmohan Rathi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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