Prima-facie evidence of the current applicant’s involvement in the pertinent offence, calls for a thorough investigation.: Gujarat High Court
TITLE: Sanjaysinh Batuksinh Vaghela Versus State of Gujara
Decided On-: August 17, 2023
4329 of 2023
CORAM: Hon’ble Justice Mr. Nizar S Desai
INTRODUCTION-
The applicant – accused has asked for anticipatory bail in connection with the offence punishable under Sections 406, 420, and 409 of the Penal Code, 1860, in the current application under Section 43 8 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
According to the FIR filed by the first informant Sahdevbhai Karsanbhai Dhodu (Patel), he has stated that he operates his business in the Dhangadhra Marketing Yard under the name Krishna Trading. From the farmers, they bought the agricultural products and sold them to Radheshyam Trading. Owner of Radheshyam Trading is the current applicant. According to the FIR, from 2.6.2023 to 29.6.2023, the first informant supplied Til worth Rs. 5,58,27,219/- through various transactions, and on the instruction of the aforementioned Radheshyam Trading, the aforementioned agricultural produce was supplied to various firms. The present applicant promised that payment for the aforementioned agricultural products that were supplied to the present applicant would be made within a fifteen-day window. However, the current applicant only paid the first Rs. 75,00,000 through RTGS and did not pay the remaining Rs. 4,83,27,219 in two installments of Rs. 50,00,000 and Rs. 25,00,000 each. When the applicant demanded the aforementioned sum from co-accused Dhawal Dilipbhai, who is in charge of running the said Radheshyam Trading, he made a commitment to pay the money to the first informant within one to two days, but he never did so and stopped responding to the first informant. Vice Chairman of the APMC was eventually involved, and a meeting took place.
COURT ANALYSIS AND DECISION
The first informant has set the criminal machinery in motion which may affect the reputation of the present applicant in society and that for no reason for a civil dispute he will have to face the interrogation and the investigation for which his arrest and custodial interrogation is not required
Knowledgeable APP Mr. Manan Maheta for the respondent and knowledgeable advocate Mr. Rohan Shah for the original complainant State vehemently objected to this application Both learned APP and learned advocate Mr. Rohan Shah for the complainant submitted that the present applicant has transferred a sizeable amount of Rs. 50,00,000 and Rs. 25,00,000 by way of RTGS transaction in favour of the first informant to refute the claim of the present applicant that there were no business transactions between the parties and the present applicant is not remotely connected in respect of any of the business transactions with the first informant.
Noted from the police documents and the affidavit of the I.O. presented before the trial Court that the firm of the present applicant had received more than Rs. 18,00,00,000/- in June 2023 from SRSS Agro Private Limited, Samakhiyani and more than Rs. 4,00,00,000/- between 23.5.2023 and 6.6.2023 from Tirupati Enterprise, Hirapar, Taluk
After looking over the file, I discovered that Section 409 was later added to the amount for which the FIR was initially filed under Sections 406 and 42. I also took into account the fact that the present applicant transferred a total of Rs. 75,000 into the first informant’s account, which would go against the contention of learned attorney Mr. Kishan Chakwawala that the present applicant never had any business ties to the first informant. In the current case, there is prima-facie evidence that the current applicant actively participated in the relevant offence, necessitating, in this Court’s opinion, a thorough investigation.
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Written by- Steffi Desousa