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CR.MA/9536/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9536 of 2010
=========================================================
DAHYABHAI
SHANKARLAL BHATIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BHAVIK SHAH FOR MR NV GANDHI
for
Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2010
ORAL
ORDER
Leave
to amend the cause title.
This
Application is filed by the applicant under Section 438 Cr. P.C. in
connection with CR No. I 12 of 2010, registered with Fatehpura
Police Station, District : Dahod. for the offences under Section
381, 469, 468, 471, 479, 406, 408, 409, 420 and 120-B of Indian
Penal Code.
Heard
learned Counsel for the parties and perused the papers produced
before me.
Learned
Counsel Mr. Shah has contended that the applicant is an innocent
person and has been wrongly arraigned in the commission of offence.
He further submitted that the applicant was an Assistant Accountant,
having no any authority to entrust the work or make the payment.
Even he has not misappropriated any amount or not made any vouchers
and said vouchers have been checked by the Sr. Accountant. The
applicant was required to prepare the cheque as per the pre-audit
bills, schedules, Form No.57 and certificates forwarded to its
branch by the Taluka Development Officer under his stamps and
signatures. The applicant has been working since last 27 years
honestly and there is no any antecedent of any offence, involving
the applicant in the offence. Therefore, considering the above
submissions and on parity ground also, the applicant may kindly be
granted anticipatory bail.
Learned
APP Mr. Jani has vehemently opposed this application and submitted
that the applicant is involved in the serious offence and therefore,
considering the nature of the offence and the manner in which the
applicant has committed the offence, discretion may not exercised in
favour of the applicant.
Parties
do not press for further reasoned order.
Having
heard the learned Counsel for the parties and perused the record and
after considering the arguments advanced by the learned Counsel for
the parties and the duty of the applicant is not to make payment or
vouchers and there is any direct evidence, involves the applicant in
the offence, I am of the opinion that this is a fit case to grant
anticipatory bail to the applicant. However, at the stage of bail,
this Court does not go into the merits of the case.
In
the result, this Application is allowed by directing that in the
event of arrest of the applicant herein pursuant to CR No. I 12
of 2010 registered with Fatehpura Police Station, District : Dahod,
the applicant shall be released on Bail on his furnishing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one surety of like
amount on condition that –
a) he
shall co-operate with the investigation and make himself available
whenever required;
b) he
shall remain present before the concerned Police Station, on 30th
August, 2010 at 11.00 am sharp.
c) he
shall not hamper the investigation in any manner nor shall directly
or indirectly make any inducement, threat or promise to any witness
so as to dissuade him for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, they shall furnish his address to the
I.O. and the Court concerned and shall not change the residence till
the final disposal of the case or till further orders;
e) that
he will not leave India without the permission of the Court and, if
they are holding a Passport, surrender the same before the trial
Court immediately;
f) It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
g) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicant shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
7. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,
J.)
ynvyas
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