Pankajbhai Chaturbhai Rajput vs. State Of Gujarat

Held

The Court allowed the bail application, releasing the applicant on regular bail. The Court considered that the applicant had been in jail since March 10, 2022, and the investigation was complete with the charge-sheet filed. It was noted that no incriminating material was recovered from the applicant, and further custodial interrogation was not required. The Court also observed that all the alleged offences are triable by a Magistrate. Crucially, the Court noted the prosecution's inability to specify the amount misappropriated under Input Tax Credit and the absence of any complaint or FIR lodged by the GST Officer against the applicant for misappropriation of government funds. The Court relied on the principles laid down in Sanjay Chandra Vs. Central Bureau of Investigation. The applicant was ordered to furnish a bail bond of Rs. 10,000/- with one surety and adhere to several conditions, including not misusing liberty, not acting prejudicially to the prosecution, surrendering his passport, not leaving India without permission, marking presence at the police station monthly, and not changing his residence without permission. The Trial Court was directed not to be influenced by the prima facie observations made in this order.

Facts

The petitioner, Pankajbhai Chaturvedi Rajput, filed a successive bail application under Section 439 of the Code of Criminal Procedure, 1973. The application relates to FIR C.R.No.11191043220204 of 2022, registered at Shahpur Police Station, Ahmedabad, for offences under Sections 406, 420, 465, 467, 471, and 114 of the Indian Penal Code. The petitioner has been in jail since March 10, 2022. The investigation is complete, and a charge-sheet has been filed. The petitioner's counsel argued for his release on bail, while the State opposed it, citing the nature and gravity of the offences. Notably, the judgment mentions that the prosecution could not specify the amount misappropriated under Input Tax Credit and that a significant part of the investigation was incomplete, particularly as the GST Officer had not lodged any complaint or FIR.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering the facts and circumstances of the case, the nature of allegations, and the gravity of the offences? The petitioner argued that considering the nature of the offences and his period of custody, he should be enlarged on regular bail with suitable conditions. The petitioner also highlighted that the investigation is over, charge-sheet is filed, and no incriminating material was recovered from him, negating the need for further custodial interrogation. Furthermore, the petitioner pointed out that all offences are triable by a Magistrate and that the prosecution failed to quantify the alleged misappropriation under Input Tax Credit, with no complaint filed by the GST Officer. The State argued for the rejection of the bail application, citing the nature and gravity of the offences.