HIREN VINODCHANDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed seeking bail under section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406, 420, 467, 468, 120B of the Indian Penal Code, under Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and under Sections 3 and 7 of the Gujarat Protection of Interest of Depositors (in Financial Establishment) Act, 2003 for which FIR came to be registered at C.R. No.I-1 of 2016 with CID Crime Ahmedabad Zone Police Station.

(2.) The petitioner was one of the Director of the company - JKMM Auto Consultancy Pvt. Ltd. along with other Director - Raju Mewada. He has however, resigned after being Director for the period between 01.04.2013 and 01.09.2014 from the said company. He was also Director in Deep Consultancy for the period between 01.01.2014 and 26.12.2014. The facts of the case would show that JKMM Auto Consultancy had taken over Deep Consultancy. The said companies were enrolling the persons called "Sahyogis" who were as good as their franchises working as a branch of the company under the trade name JKMM Auto Consultancy. The job of the "Sahyogis" was to collect the money from public by enrolling them as a members in the scheme in which draws for the properties like Scooter, Car and House etc. was being done. The members were required to make monthly payment until the successful draw in their favour. They were also promised payment of specified sum of money at the end of the specified period irrespective of whether the draw was successful or not. They were also given option to avail loan, pre-mature.

(3.) Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No.I-1 of 2016 registered with CID Crime Ahmedabad Zone Police Station on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;