2023-04-22 13:22:54
It is necessary to unveil the modus operandi adopted by the applicant in committing the larger conspiracy and without interrogation, it would be impossible to collect the relevant evidence resulting into incomplete investigation. It is also crystal clear that the applicant with a view to avoid arrest has filed the present application and therefore, instead of cooperating in the investigation have tried to thwart the .same and thus, it can be said that the applicant is not cooperating in the investigation.
This Court also cannot lose sight of the fact that investigation in the matter is still under progress and releasing the applicant at this premature stage would pave way for the applicant to influence the investigation, hamper the witnesses and tamper the evidence."
13. The Court eventually held that custodial interrogation of Respondent No. 1 was necessary to reach the root of the matter.
14. Aggrieved by the order of the Special Judge, CBI Court, Respondent No. 1 applied for anticipatory bail before the High Court of Gujarat. Meanwhile, on 22nd November, 2022, the Court of Special CBI Judge issued a non-bailable warrant against Respondent No. 1.
15. The High Court, vide impugned order dated 19th December, 2022, granted anticipatory bail to Respondent No. 1. The High Court observed that there is a doubt regarding the acceptance of illegal gratification, as it was deposited in the account of Vardhman in Dhara Angadia firm and there is no evidence with respect to acceptance of the amount by Respondent No. 1. The reasons on the basis of which the High Court proceeded to grant anticipatory bail are recorded in paragraph 12 of its order, which states as follows:
"12. This Court has considered following aspects;
(i) The FIR is registered on 12.10.2022 for the offence which is alleged to have taken place on 04.10.2022.
(ii) Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
(iii) The role attributed to the applicant- accused;
(iv) That the applicant is a Additional Income Tax Commissioner and no any other criminal antecedents against him;
(v) There is creating serious doubt about demand and acceptance of the amount;
(vi) There is no discovery or recovery from the applicant;"
16. The High Court further directed that despite grant of anticipatory bail, CBI could apply for police remand of Respondent No. 1 and that if the same was granted by the competent Magistrate, Respondent No. 1 would be set free immediately upon completion of the police remand. The relevant part of the impugned order to this effect reads as under:
"16. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute. Direct service is permitted."
17. Following the High Courts directions, Respondent No. 1 joined the investigation and appeared on three days but is stated to have not produced his mobile phone(s) though he was asked to do so repeatedly. The CBI, then, applied for police remand of Respondent No. 1 and, on 30th December, 2022, the Special Judge, CBI Court No.
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