Tosifbhai Rafikbhai Parmar/Ghanchi vs. State Of Gujarat

Facts

The petitioner, Tosifbhai Rafikbhai Parmar/Ghanchi, filed an application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. The bail application pertains to FIR CR-I/11198015210023/2021, registered with Bortalav Police Station, Bhavnagar, for offences under Sections 406, 420, 465, 468, 471, and 114 of the Indian Penal Code. The alleged offences occurred between June 18, 2018, and January 4, 2021. The petitioner has been in jail since March 27, 2021. The investigation has concluded, and a charge-sheet has been filed. The issue revolves around the alleged use of the complainant's documents for registering or creating a GST account. The State opposed the grant of bail.

Held

The Court held that the applicant is entitled to regular bail. The Court considered that the FIR was registered on January 4, 2021, for offences allegedly occurring between June 18, 2018, and January 4, 2021. The applicant had been in custody since March 27, 2021, and the investigation had concluded with the filing of a charge-sheet. Crucially, the Court noted that even after the charge-sheet was filed, no evidence was presented to indicate the monetary benefits received by the applicant from the alleged offence. The core issue involved the use of the complainant's documents for registering a GST account. The Court also observed that the learned APP, under instructions from the Investigating Officer, could not present any special circumstances against the applicant. Relying on the principles laid down in Sanjay Chandra v. Central Bureau of Investigation, the Court found it a fit case to exercise its discretion and enlarge the applicant on bail. The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 10,000/- with one surety of like amount, subject to several conditions, including not misusing liberty, not obstructing investigation, surrendering passport, not leaving Gujarat without permission, marking presence monthly, and not changing residence without permission. The trial court was cautioned not to be influenced by the preliminary observations made by the High Court.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering the nature and gravity of the alleged offences under Sections 406, 420, 465, 468, 471, and 114 of the Indian Penal Code, and the fact that the investigation is concluded and charge-sheet is filed. Contentions: Petitioner/Applicant: Submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. The applicant highlighted that even after the charge-sheet filing, no monetary benefits received by committing the offence have been brought on record, and the issue pertains to the use of documents for creating a GST account. The Investigating Officer, under instructions from the learned APP, was unable to bring on record any special circumstances against the applicant. Respondent/State: Opposed the grant of regular bail, looking to the nature and gravity of the offence.