In a significant ruling by the Gujarat High Court, a judgement was passed in a Criminal Miscellaneous Application related to the GPID Act. The Court’s decision, based on the law laid down by the Hon’ble Apex Court, resulted in the grant of anticipatory bail to the applicant. Stay updated on the latest developments in this case!
Facts
- The applicant has filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with FIR C.R No.11201002210011 of 2021.
- The FIR was registered at CID Crime, Ahmedabad Zone, Ahmedabad City Police Station for offenses under Sections 406, 420, 114, and 120-B of the Indian Penal Code and Section 3 of Gujarat Protection of Interest of Depositors (In Financial Establishment) Act, 2003.
- The order dated 22.12.2021 in Criminal Misc. Application No.22483 of 2021 was considered for quashing the FIR related to the mentioned offenses.
- The applicant was represented by Mr. M.S. Shah, learned advocate.
- A previous application for anticipatory bail, No.20868 of 2021, had already provided protection to the applicant as per a ruling by a Coordinate Bench of the Court.
Arguments
- The applicant’s advocate argues that custodial interrogation is not necessary at this stage.
- The applicant will cooperate with the investigation and will not evade justice.
- The co-accused has already been granted anticipatory bail by the Court.
- Mr. Kathiria, learned Additional Public Prosecutor representing the State of Gujarat opposes anticipatory bail for the applicant due to the seriousness of the offence committed.
- Mr. Kathiria is unable to defend the orders passed by the Court in two previous criminal miscellaneous applications.
- The Trial Court’s order indicates that the applicant was an Additional Director of the company involved in the alleged offence.
- The applicant and other accused parties are accused of deceiving individuals by promoting a scheme to allocate plots of land which they did not fulfill, resulting in financial harm to the investors.
- The accusation against the applicant under the GPID Act seems to be prima facie established based on the facts presented.
- The dispute in question appears to be of a civil nature rather than criminal.
Analysis
- Co-accused has already been enlarged on anticipatory bail by this Court.
- One of the co-accused has preferred an application for quashing the FIR.
- Court has issued notice and also issued notice as to interim relief in the quashing application.
- Court considered the law laid down by the Hon’ble Apex Court in the cases of Shri Gurubaksh Singh Sibbia & Ors. and Sushila Aggarwal Vs. State (NCT of Delhi).
- Accused can be treated in judicial custody for the purpose of police remand application
- Accused has the right to seek a stay against an order of remand if granted
- Magistrate has the power to consider the accused’s request for stay in accordance with the law
Decision
- Notice and interim relief issued returnable on 19.01.2022.
- Direct service permitted for the Criminal Misc. Application for fixing date of early hearing.
- Rule made absolute.
- Trial Court instructed not to be influenced by prima facie observations made by the Court during bail enlargement.
- Criminal Misc. Application disposed of accordingly.
- Applicant to be immediately set free upon completion of police custody, subject to bail conditions.
- Applicant to remain present before the learned Magistrate as directed.
Case Title: NARENDRASINH GULABSINH BILDHAIYA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/5333/2024
