Ravishankar Radheshyam Shrivastav Vs. State of Gujarat - Court Judgment

SooperKanoon Citationsooperkanoon.com/918539
SubjectCriminal
CourtGujarat High Court
Decided OnJun-08-2011
Case NumberCRIMINAL MISC.APPLICATION No 7680 of 2011
JudgeJ.B.PARDIWALA, J.
ActsCode of Criminal Procedure (CrPC) (Cr.P.C) - Section 438; Indian Penal Code (IPC) - Sections 405, 406, 409
AppellantRavishankar Radheshyam Shrivastav
RespondentState of Gujarat
Appellant AdvocateMR. MOUSAM R. YAGNIK, Adv.
Respondent AdvocateMR. J.K. SHAH, Adv.
Excerpt:
1. rule. mr. j.k.shah, learned app waives service of rule on behalf of respondent state. 2. this is an application for anticipatory bail under section 438 of the code in connection with sachin police station, dist.surat vide cr no.i-23 of 2011 for the offences punishable under sections 405, 406 and 409 of the indian penal code. 3. the first information report has been lodged by one of the employees of the company named, invent bio pvt. ltd. the accused applicants are the office bearer of the said company. the allegations are that the amount of provident fund for the month of december, 2010 deducted from the salary of the employees was not deposited by the company with the bank. in this manner it is alleged that the accused applicants as a office bearer of company have committed an offence of criminal breach of trust. 4. it appears that the amount has been deposited but at a belated stage. this is not disputed. even the findings recorded by the trial court would suggest that the entire amount has been deposited. in this view of the matter, no custodial interrogation shall be necessary in this regard. 5. in this view of the matter, accused-applicants are ordered to be released on anticipatory bail in the event of their arrest in connection with offences registered with sachin police station, dist. surat vide cr no.i-23 of 2011 on their furnishing a bond of rs.15,000/- (rupees fifteen thousand only) each with one surety of like amount on following conditions that he : i. shall cooperate with the investigation and make them available for interrogation whenever required. ii. shall remain present at the concerned police station on 20thjune, 2011 between 10 a.m. to 2 p.m.; iii. shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the court or to any police officer; iv. shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change the residence till the final disposal of the case or till further orders; v. will not leave india without the permission of the court and, if is holding a passport, shall surrender the same before the trial court within a week; 6. it goes without saying that any observations touching the merits of the case, purely for the purpose of deciding the question of grant of bail and shall not be construed as an expression of the final opinion in the main matter. 7. it would be open for the investigating agency to apply to the competent magistrate, for police remand of the applicants. the applicants shall remain present before the learned magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned magistrate. this would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. this is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned magistrate to consider such a request in accordance with law. it is clarified that the applicants, even if remanded to the police custody upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. 8. with these directions, application is allowed. rule is made absolute. direct service is permitted.
Judgment:

1. Rule. Mr. J.K.Shah, learned APP waives service of rule on behalf of respondent State.

2. This is an application for anticipatory bail under Section 438 of the Code in connection with Sachin Police Station, Dist.Surat vide CR No.I-23 of 2011 for the offences punishable under Sections 405, 406 and 409 of the Indian Penal Code.

3. The First Information Report has been lodged by one of the employees of the Company named, Invent Bio Pvt. Ltd. The accused applicants are the office bearer of the said Company. The allegations are that the amount of provident fund for the month of December, 2010 deducted from the salary of the employees was not deposited by the Company with the Bank. In this manner it is alleged that the accused applicants as a office bearer of Company have committed an offence of criminal breach of trust.

4. It appears that the amount has been deposited but at a belated stage. This is not disputed. Even the findings recorded by the trial Court would suggest that the entire amount has been deposited. In this view of the matter, no custodial interrogation shall be necessary in this regard.

5. In this view of the matter, accused-applicants are ordered to be released on anticipatory bail in the event of their arrest in connection with offences registered with Sachin Police Station, Dist. Surat vide CR No.I-23 of 2011 on their furnishing a bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each with one surety of like amount on following conditions that he :

i. shall cooperate with the investigation and make them available for interrogation whenever required.

ii. shall remain present at the concerned Police Station on 20thJune, 2011 between 10 a.m. to 2 p.m.;

iii. shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

iv. shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

v. will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court within a week;

6. It goes without saying that any observations touching the merits of the case, purely for the purpose of deciding the question of grant of bail and shall not be construed as an expression of the final opinion in the main matter.

7. It would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if remanded to the police custody upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.

8. With these directions, application is allowed. Rule is made absolute. Direct Service is permitted.