CHANDRAKANTBHAI RAICHANDBHAI MODI 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 CR No.I-46 of 2016 registered with the Shahpur Police Station for the offence punishable under Sections 394, 120B and 114 of the Indian Penal Code.

(2.) Learned advocate Mr. I.H.Syed appearing with learned advocate, Mr. Chirag Upadhyay for the applicant, submitted that the applicant is aged 79 years and the FIR is lodged against him to settle the score as regards the business transaction between the informant and the applicant. He submitted that there is no bad intention of the applicant not to repay any amount to anybody, even otherwise the applicant is under obligation to pay such amount, but the applicant had suffered an incident of loot at his shop before a period of about one half months and it had become difficult for the applicant to continue to discharge his business obligation. He submitted that since no custodial interrogation of the applicant is required considering the nature of the offences alleged against the applicant, the Court may exercise discretion under Section 438 of the Code in favour of the applicant.

(3.) Learned APP, Mr. Soni, made manifold submissions including the submission that the complaint was lodged by the applicant in advance before about one month on 30/7/2016 as a part of his plan not to repay any amount to the informant and poor persons from whom he got the ornaments hypothecated. He submitted that since many persons are cheated and defrauded, the Court may not exercise discretion under under section 438 of the Code in favour of the applicant.