Sureshsinh Bhavarsinh Rao vs. The State Of Gujarat

Held

The Court held that the applicant is entitled to regular bail. The Court considered the nature of the allegations, the fact that the investigation has concluded and a chargesheet has been filed, and that some co-accused have already been enlarged on bail. The Court found it to be a fit case to exercise its judicial discretion to enlarge the applicant on bail, without discussing the evidence in detail. The applicant was ordered to be released on regular bail upon furnishing a personal bond of Rs. 15,000/- with one surety of the like amount. Several conditions were imposed, including not misusing liberty, not acting against the prosecution's interest, surrendering his passport, not leaving India without permission, marking presence at the police station periodically, furnishing his address, and not alienating any landed property without prior permission. The Court also directed the highest officer of the Sales Tax Department to personally look into the matter and initiate proceedings for the recovery of any undue money or benefit taken as input tax credit at the earliest, using all provisions of law.

Facts

This is a bail application filed under Section 439 of the Code of Criminal Procedure by Sureshsinh Bhavarsinh Rao. The applicant seeks regular bail in connection with CR No. I-04 of 2017, registered with CID Crime Police Station, Ahmedabad Zone. The FIR alleges offences under various sections of the Indian Penal Code, including cheating and forgery, and sections of the Gujarat Value Added Tax Act, 2003, related to claiming input tax credit by forging documents. The investigation has concluded, and a chargesheet has been filed. Some co-accused have already been granted bail. The applicant contends that considering the nature of the offence, he may be enlarged on bail with suitable conditions.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, considering the allegations of forgery and claiming input tax credit by forging documents, and the stage of the investigation (chargesheet filed)? Petitioner's Argument: The petitioner argues that considering the nature of the offence, he should be enlarged on regular bail by imposing suitable conditions. They emphasize that the investigation is complete, a chargesheet has been filed, and some co-accused have already been granted bail, suggesting that the applicant's continued custody is not necessary. Revenue/State's Argument: The respondent-State opposes the grant of regular bail, citing the nature and gravity of the offence. They argue that the alleged actions of forging documents and claiming input tax credit are serious and warrant denial of bail.