The Court cannot grant pre-arrest bail due to the seriousness and nature of the offense and the relevant facts – Gujarat High Court
TITLE: Nipulbhai Gangdasbhai Santoki v State of Gujarat
Decided On-: August 9, 2023
12391 of 2023
CORAM: Hon’ble Justice Mr. J.C Doshi
INTRODUCTION- Pre-arrest bail is requested in connection with the offence punishable under sections 306 and 114 of the Penal Code, 1860, in this application made pursuant to Section 438 of the Code of Criminal Procedure.
FACTS OF THE CASE
Mr. Rameshbhai, a son of Rajabhai Meshabhai, filed the aforementioned FIR against Sureshbhai Keshavjibhai Santoki, Natinbhai Keshavjibhai Santoki, and other Amul Industries Pvt. Ltd. partners, alleging among other things that the deceased Vikrambhai had been employed by the company for more than 15 years. For more than six months, the petitioners-accused failed to pay the salaries due to the employees, including the deceased. As a result, there was some agitation, which led to the payment of salaries, but this time there were irregularities. When Deceased-Vikram, an employee, demanded his salary because he was having financial difficulties, he was moved to Panipat, Tamil Nadu.
It is further alleged that because the deceased took out a loan on a credit card that was now past due and because he hadn’t received pay in the previous six months, he was in financial difficulty and unable to pay the loan. As a result of this, the deceased allegedly set himself on fire on May 26, 2023, leading to the filing of the FIR outlined above, accusing the accused of aiding in the suicide.
COURT ANALYSIS AND DECISION
Learned The applicant’s attorney asserts that no offence meeting the requirements of Section 306 of the IPC is established if the allegations made in theFIR are taken at face value and are deemed true and correct. He has also argued that, in light of the claims made in the FIR, the prosecution has not proven that the owners of Amul Industry were directly involved in the suicide of the deceased or that they were given any encouragement to do so. He has added that neither the dying declaration nor the FIR contain the names of the current petitioners. He would also argue that the alleged role is not discussed in the FIR. We would also argue that there is no chance of the petitioners eluding justice because they are well-founded and deeply ingrained in society. The learned attorney has further argued that if the accused is arrested, it will create a stigma in society regarding the dignity of the current petitioners.
Contrarily, learned APP Mr. Ronak Raval would contend that although the name of the accused is not stated in the FIR, they are mentioned as partners or directors in the Amul Industry after presenting this Court with the statements of the witnesses recorded during the investigation as well as the statement of the deceased recorded in the form of a dying declaration. He would also contend that the petitioners’ claim that they are not partners or directors of the Amul Industry is untrue. He would also argue that although the complainant started the criminal process by filing a FIR, it is not necessary for the FIR to be an exhaustive list of all the facts.
It turns out that the deceased, after setting himself on fire, called a few witnesses and explained that he had killed himself because the owners and directors of the Amul Industry had harassed him. In addition to the statements that were already on file, the deceased’s dying declaration was also preserved, which reveals that he hadn’t received a salary in the previous six months, which caused the Amul Industry, its partners, or its directors to put him in a difficult financial situation. He has made accusations against Mr. Sureshbhai, Mr. Nitinbhai, and other Amul Industry partners and directors. Allegations of financial hardship resulting from unpaid wages are made in order to justify the suicide.
This pre-arrest bail application is rejected.
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Written by- Steffi Desousa