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CR.MA/4456/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4456 of 2011
=========================================
JIGARBHAI
AMRUTLAL THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR YS LAKHANI, SR. ADVOCATE, for M/S
S G ASSOCIATES for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/04/2011
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail under sec. 439 of the Code of Criminal Procedure.
2. The
applicant-accused is charged with having committed offences under
sections 406, 419, 420, 465, 467, 468, 470, 120B and 114 of IPC for
which FIR, being C.R. No. I-56/2010, has been registered with Kalupur
Police Station.
3. Learned
Sr. Counsel Mr. Lakhani submitted that an FIR came to be registered
on 3.5.2010 with regard to the alleged transactions in Siddhi
Co-operative Bank and as it is stated in the FIR, irregularities are
alleged to have been made. Learned Sr. Counsel Mr. Lakhani further
submitted that the complainant who is a PSI as well as an account
holder with the bank received some letters on the basis of which he
lodged the complaint. He submitted that the petitioner is a co-opted
director of the bank and he has not forged any signature nor he has
played any role except that he has introduced some of the account
holders which are said to have been fictitious accounts. However,
learned counsel Mr. Lakhani submitted that as the investigation is
over and the charge sheet is filed, the present application may be
allowed as the offence is triable by the court of Magistrate and it
may take some time. He further submitted that there is no loss to the
bank and he has not received any benefit.
4. Learned
APP Mr. Kartik Pandya submitted that there are about 88 such
fictitious bank accounts opened where the petitioner has introduced
the account holders suggesting prima facie case and his involvement.
5. Learned
advocate Mr. Dagli for the complainant submitted that he has signed
for introducing the persons whose bank accounts are found to be
fictitious suggesting his involvement. He submitted that the
complainant has received some letters and therefore it may not
entail any liability.
6. In view
of rival submissions it is required to be considered whether the
present application can be entertained or not.
7. It is
well-accepted that the court is not required to appreciate and
scrutinize the evidence in detail at this stage. However, for
considering the prima facie case for the purpose of bail, aspects
like the nature of offence, the role attributed and the manner in
which it is alleged to have been committed, etc. are relevant.
Further, as pointed out the fictitious bank accounts are opened,
where the applicant has signed for introducing the account holders
suggesting some prima facie involvement. At the same time, the fact
remains that the investigation is over, the charge sheet has been
filed and he has not forged any document, nor any benefit has been
gained. Therefore, considering the nature of offences which are
triable by the Court of Magistrate and also the fact that the
investigation is over and the case is based on documentary evidence,
the present application deserves to be allowed.
8. The
application is accordingly allowed. The applicant is ordered to be
released on bail in connection with C.R. No. I-56/2010,
registered with Kalupur Police Station on his executing
a personal bond of Rs. 10,000/- (Rupees Ten Thousand only) with one
solvent surety for the like amount to the satisfaction of the lower
court and subject to the further conditions that he shall :
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not to
try to tamper or pressurize the prosecution witnesses or complainant
in any manner;
(c ) not
act in any manner injurious to the interests of the prosecution.
(d) maintain
law and order and should co-operate with the investigating officers;
(e) mark
his presence before the concerned Police Station on the 5th
of every calendar month between 11.00 am to 2.00 pm till the trial
commences.
(f) furnish
the address of his residence to the investigating officer and also to
the court at the time of execution of the bond and shall not change
his residence without prior permission of the court.
(g) surrender
his passport, if any, to the lower court, within a week.
9. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
10. Bail
before the lower court having jurisdiction to try the case. It would
be open to the trial court concerned to give time to furnishthe
solvency certificate, if prayed for.
Rule is
made absolute. D.S. permitted.
(Rajesh
H. Shukla, J.)
(hn)
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