PRASHANTBHAI NARESHBHAI VANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR being C.R. No.11193052230217/2023 registered with the Savarkundala Police Station, Amreli for the offence punishable under Ss. 406, 420, 120(B), 504 and 506(2) of the Indian Penal Code, under Sec. 3 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and under Sec. 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.

(2.) Heard learned advocate, Mr. Pratik Jasani for the applicant and learned APP Mr. L.B. Dabhi for the respondent ' State of Gujarat.

(3.) Learned advocate for the applicant submitted that the so-called incident has occurred during the period between 1/1/2018 to 30/11/2021, for which, FIR has been lodged on 18/6/2023 and in connection with the same, the applicant has been arrested on 18/6/2023 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that there is gross delay of two years in registration of aforesaid FIR, which suggests false implication of the applicant ' accused. Learned advocate submitted that the applicant ' accused is the real brother of the accused no.1, who has floated one scheme in the name and style of 'Surabhi Group Magic Bumper Draw' at Savarkundala, where being a brother of the accused no.1, the applicant ' accused used to seat in the office to help the accused no.1 in his business and while seating there, he also used to apprise the customers about the benefits of the scheme and also tell them to invest in the scheme to earn huge profit from it. Learned advocate submitted that in fact, as per the case of the prosecution, the accused no.1 has floated scheme in the year 2013, which continued till 2018 and whatever profit was generated from the said scheme, had already been given back to the investors, however subsequently after 2018, there were some problems occurred in transactions, due to which, shortage of liquidation of fund started and, therefore, money invested in the scheme could not be repaid in time to the investors and, therefore, the aforesaid FIR has been lodged by one of the investors. Learned advocate submitted that admittedly the complainant has invested total Rs.83,000.00 in the scheme. Learned advocate submitted that in fact, after coming to know about the malafide intention of the accused no.1, the applicant ' accused and his family members have disowned their relationship with the accused no.1 by giving public advertisement in the newspaper. Learned advocate submitted that in fact, the present applicant is the real brother of the accused no.1 but he does know about the intention of the accused no.1 and, therefore at the relevant point of time, the applicant had started to seat in his office when the scheme was floated by the accused no.1 in the year 2013, which was successfully continued for a period of 6-7 years. Learned advocate submitted that the present applicant has stopped attending the office from 2018 onward and as per the case of the prosecution, dispute was arisen during the period between 2018 to 2021, therefore, admittedly the involvement of the present applicant is not found out. Learned advocate submitted that there is no antecedent against the present applicant and the applicant is in jail since last more than seven months and at the end of trial, if the allegations leveled against the present applicant would be proved, in that event, maximum punishment could be imposed upto 7 years.