Gujarat High CourtManojkumar Daashrathlal Patel vs State Of Gujarat on 29 September, 2016Author:Paresh UpadhyayBench:Paresh UpadhyayR/CR.MA/23329/2016                                              ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 CRIMINAL MISC.APPLICATION
                       (FOR ANTICIPATORY BAIL ) NO. 23329 of 2016


                                             With
                    CRIMINAL MISC.APPLICATION NO. 23203 of 2016
                                             With
                    CRIMINAL MISC.APPLICATION NO. 23402 of 2016
                                             With
                    CRIMINAL MISC.APPLICATION NO. 22719 of 2016
                                             With
                    CRIMINAL MISC.APPLICATION NO. 22739 of 2016
                                             With
                    CRIMINAL MISC.APPLICATION NO. 24320 of 2016
         ==========================================================
               MANOJKUMAR DAASHRATHLAL PATEL
               AND OTHERS                                               ....Applicants
                                Versus
               STATE OF GUJARAT                                        ....Respondent
         ==========================================================
         Appearance:
         Criminal Misc. Application No. 23329 of 2016
         MR DAIFRAZ HAVEWALLA, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with
         MR RASHESH RINDANI, APP for the Respondent-State

         Criminal Misc. Application No. 23203 of 2016
         MR N K MAJMU DAR, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with
         MR RASHESH RINDANI, APP for the Respondent-State

         Criminal Misc. Application No. 23402 of 2016
         MR R.J. GOSWANI, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with


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HC-NIC                                  Page 1 of 4      Created On Thu Nov 17 00:19:39 IST 2016
                  R/CR.MA/23329/2016                                              ORDER



         MR RASHESH RINDANI, APP for the Respondent-State

         Criminal Misc. Application No. 22719 of 2016
         MR TUSHAR CHAUDHARY, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with
         MR RASHESH RINDANI, APP for the Respondent-State
         Criminal Misc. Application No. 22739 of 2016
         MR P.S. CHAUDHARY, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with
         MR RASHESH RINDANI, APP for the Respondent-State

         Criminal Misc. Application No. 24320 of 2016
         MR ADITYA R. PARIKH, ADVOCATE for
         MR MRUGEN K. PUROHIT, ADVOCATE for the Applicant

         MR MITESH AMIN, PUBLIC PROSECUTOR with
         MR RASHESH RINDANI, APP for the Respondent-State
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

                                      Date : 29/09/2016


                                       ORAL ORDER1.    These are the applications for anticipatory bail.2.    The applicants apprehend their arrest in connection with
         FIR being CR-I No. 64 of 2016 registered with the Kheralu
         Police Station, District: Mehsana for the offences punishable
         underSections 191,192,196,198,199,200,463,464,469,471,406,408,409,420and114of the Indian Penal Code.3.    Rule returnable on 05.10.2016. Learned Additional PublicPage 2 of 4HC-NIC                                  Page 2 of 4      Created On Thu Nov 17 00:19:39 IST 2016
                 R/CR.MA/23329/2016                                            ORDER



         Prosecutor waives service of notice of Rule on behalf of
         respondent-State.4.   Learned Public Prosecutor is heard at length. He has
         made available to this Court the material so far gathered
         during the course of Investigation and the material which is
         otherwise relevant for the purpose. Learned Public Prosecutor
         has also explained in detail the modus of the accused.5.   This Court has taken into consideration the allegations
         made in the complaint. The alleged criminality / illegality is
         with regard to the implementation of the Swachchh Bharat
         Abhiyan - the much admired policy of the Government. The
         said policy is an attempt to reach to the last man of our
         society, as was dreamed by the father of the nation. Keeping in
         view this background and the object, it appears to this Court
         that the questioning of the accused needs to be done and / or
         guided by some higher Officer. In the peculiar facts of the
         case, it is directed that the Superintendent of Police, Mehsana,
         may look into the matter. It needs to be observed that delicate
         balance would be required to be maintained since, any harsh
         action may ultimately prove to be counter productive for the
         poorest man of the society and at the same time, any leniency
         may result in siphoning of the budget meant for lower strata of
         our society. Keeping these broad aspects in view, the
         investigation needs to go ahead.6.   In view of above, the concerned Sarpanch and the Taluka
         Development Officer, along with other accused who are the
         applicants before this Court are directed to present themselves
         before the Superintendent of Police, Mehsana for questioning
         on 02.10.2016. (Except applicant of Criminal Misc. ApplicationPage 3 of 4HC-NIC                               Page 3 of 4      Created On Thu Nov 17 00:19:39 IST 2016
                       R/CR.MA/23329/2016                                            ORDER




         No. 23329 of 2016 who is stated to have been arrested). This
         Court is conscious that 02.10.2016 is Sunday and even
         otherwise a public holiday. However keeping in view the fact
         that the alleged offence in question is an off shoot of the
         scheme noted above, 2nd October is the most appropriate date
         when the concerned Officer should start applying his mind in
         the direction noted above. Therefore, the Superintendent of
         Police, Mehsana is requested to do / start this exercise on
         02.10.2016.7.         The Investigating Officer / the S.P. shall also verify as to
         whether, as a matter of fact, the toilets in question are
         constructed or not, and to what extent the policy is breached.8.         It is ordered that till the next date of hearing, the
         applicants shall not be arrested in connection with the offence
         in question.Direct service is permitted.(PARESH UPADHYAY, J.)
         Salim/60Page 4 of 4HC-NIC                                     Page 4 of 4      Created On Thu Nov 17 00:19:39 IST 2016