TITLE – Alambhai Nurabhai Malek Versus State of Gujarat
Decided On-: August 28, 2023
7145 of 2023
CORAM: Hon’ble Justice Mr. Hasmukh
INTRODUCTION-
The applicant-accused has requested anticipatory bail in connection with the FIR for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 506(2), and 114 of the Indian Penal Code through the current application under Section 438 of the Criminal Procedure Code, 1973.
FACTS OF THE CASE
The applicant claims that the current applicant is unrelated to the civil nature of the offence and has even filed a civil lawsuit against Ajaybhai Shridhar. On January 15, 2023, even one complaint was made to the Ahmedabad City Commissioner of Police. The investigation now includes the current applicant, whose statement was also recorded; as a result, the current complaint has been filed. Because of the nature of the allegations, a custodial interrogation is not required at this time. The alleged sale of contract does not include the current applicant as a party. He further asserts that the applicant will remain reachable throughout the investigation and trial as well as not run from justice.
COURT ANALYSIS AND DECISION
On behalf of the respondent, the Public Prosecutor testified that anticipatory bail should not be granted due to the seriousness and nature of the crime. Expert lawyer Mr. Bomi H. Sethna opposed the application and claimed that the current applicant had entered into transactions with many people and had defrauded the applicant of his money. The applicant, who is a partner of one Ajaybhai, executed a sale agreement with the intent to defraud the parties and stole their money. It is clear from the accused’s actions that they were involved prima facie and that they had the intention of cheating. Due to the fact that both accused parties participated in the offence, a request was made to the Commissioner Police after investigation complaint came out, hence custodial interrogation is required and he requested to dismiss the present application. Without going into great detail about the evidence at this point, the court was inclined to grant anticipatory bail to the applicant after listening to the learned solicitors for the parties, reading the material that has been filed, and considering the facts of the case, the nature of the allegations, the seriousness of the offences, and the role attributed to the accused.
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Written by- Steffi Desousa
