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CR.MA/2711/2009 5/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2711 of 2009
=========================================================
JASWANTBHAI
VIRABHAI VANKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VIJAY J SHAH for
Applicant(s) : 1,
MR LB DABHI, ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 20/03/2009
ORAL
ORDER
Rule. Mr.L.B.Dabhi,
learned Additional Public Prosecutor, waives service of notice of
Rule on behalf of the respondent-State of Gujarat.
This application has been
filed under Section 438 of the Code of Criminal Procedure for grant
of anticipatory bail as the applicant apprehends his arrest in
connection with FIR, being C.R.No.I-68/2008 registered with
Santrampur Police Station, Panchmahal, for offences punishable under
Sections 409, 406, 420, 120B, 465, 466, 467, 471 and 114, of the
Indian Penal Code.
The allegation against
the applicant is that he, along with the other co-accused persons,
is involved in misappropriation of a huge amount from the funds of
the concerned Cooperative Society.
Mr.V.J.Shah, learned
counsel for the applicant, has submitted that the applicant is
innocent and has been falsely implicated. That in fact, the main
accused person, i.e. accused No.1, had made a false subscription of
the balance amount on different dates and, by creating bogus
accounts, an amount of Rs.12,38,742/- in all, is alleged to have
been misappropriated. That the present applicant is working as a
Clerk and not as a Manager in the Cooperative Society, as alleged.
That now the main accused person, i.e. Dhavalbhai Dilipbhai Parikh
has deposited the full amount of Rs.12,38,742/- with the Cooperative
Society and has been granted bail, by order dated 15.01.2009
rendered in Criminal Misc. Application No.16416 of 2008. That even
otherwise, there is no evidence on record to connect the applicant
with the commission of the above-mentioned offence and as the
applicant has been falsely implicated, the Court may exercise
discretion in his favour.
On the other hand,
Mr.L.B.Dabhi, learned Additional Public Prosecutor, has opposed the
grant of bail to the applicant.
I have heard the learned
counsel for the respective parties, perused the averments made in
the application, contents of the FIR and other documents on record.
Considering the aspect
that the direct involvement of the applicant is, prima facie, not
clearly borne out from the material on record and also that the
applicant appears to be a Clerk and not a Manager of the Credit
Cooperative Society, as alleged, and taking into consideration the
fact that the amount of Rs.12,38,742/- has been deposited by the
main accused person, the application deserves to be considered. It
is, accordingly allowed.
In
the event of the arrest of the applicant in connection with FIR,
being C.R.No.I-68/2008 registered with Santrampur Police Station,
Panchmahal, the applicant shall be released on bail, on his
executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one
solvent surety of the like amount, to the satisfaction of the
concerned police officer and on conditions that the applicant shall;
a) remain present before
the Investigating Officer of the concerned Police Station, on
03.04.2009 between 11:00 am to 5:00 pm.
b) remain present before
the trial Court regularly, as and when directed, on the dates fixed;
c) make himself available
for interrogation by the concerned police officer, whenever and
wherever required.
d) not directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him/her from
disclosing such facts to the Court or to any Police Officer;
e) not obstruct or hamper
the police investigation and not play mischief with the evidence
collected or yet to be collected by the police;
f) at the time of
execution of bond, furnish his residential address to the
Investigating Officer and the Courts concerned, and shall not change
his residence as far as possible till the final disposal of the case
or till further orders;
g) not leave India without
the permission of the Court and, if having Passport, shall deposit
the same before the trial Court within a week;
It
would be open to the Investigating Officer to file an application
for remand if he considers it proper and just, and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of TEN days from the date of his arrest.
Thereafter it will be open to the applicant to make a fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, uninfluenced by the fact
that anticipatory bail was granted.
It
is made clear that no observation made by this Court be construed
as having any bearing on the merits of the case, at the time of
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observation contained in this
order.
Rule
is made absolute. Direct service is permitted.
(SMT.ABHILASHA
KUMARI, J.)
(sunil)
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