SURYAKANT KHODIDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being I?CR NO. 182 of 2016 registered with Navsari Rural Police Station, Dist.? Navsari, for the offences punishable under Sections 406, 420, 114, 467, 468, 471, 120(B)of the Indian Penal Code and Sections 3, 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

(2.) Learned Advocate Mr. Hardik A Dave for the applicant submitted that the applicant is not amongst the promoters who had floated the scheme, named as 'Mayurpankh', and alleged to have duped many persons. He submitted that the applicant was just working as an agent for the scheme and whatever amount he collected from the customers, he used to deposit such amount for the purpose of draw in 'Mayurpankh' scheme. He further submitted that the applicant is infact one of the victims however, he is involved in offences alleged. He, therefore, urged to exercise discretion in favour of the applicant under Section 438 of the Code.

(3.) Learned APP Mr. Soni on the other hand submitted that as alleged in the F.I.R; the informant used to handover the amount collected by him to the applicant and it was the applicant who was working for running the scheme named Mayurpankh and, since many persons are found cheated by such scheme for which the investigation is in progress, the Court may not exercise the discretion in favour of the applicant under section 438 of the Code.