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CR.MA/14765/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14765 of 2011
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
JAMALBHAI
SULEMANBHAI MAHETAR - Respondent(s)
=========================================================
Appearance
:
MS.MINI
NAYAR, ADDITIONAL PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 09/11/2011
ORAL
ORDER
Heard
Learned Additional Public Prosecutor Ms.Mini Nayar for
Applicant-State of Gujarat.
Being
aggrieved and dissatisfied with the order below Exh.1 dated
03.08.2011, passed by the learned Additional Sessions Judge,
Bhavnagar, in Criminal Misc. Application No.524 of 2011 whereby the
respondent-accused was granted regular bail in connection with the
offence registered before the “C” Division Police
Station, Dist:Bhavnagar being I-CR-NO-62 of 2011 for the offence
punishable under Sections 406, 409, 120(B) and 201 of the Indian
Penal Code, the applicant has preferred the present Criminal
Misc.Application for cancellation of regular bail granted to the
respondent-accused.
The
facts leading to the filing of the complaint is that the State of
Gujarat under the scheme of “Sarva Shiksha Abhiyan” for
8th
Standard beneficiary students and under the scheme of “EDN”
for 9th
to 12th
standard beneficiary students has decided to distribute the study
books and for that from the year 2006 to 2011 study book of each
subjects of Rs.22,93,466/- had been allotted to the
Government/Granted schools of Bhavnagar District from Gandhinagar
School Study Books Organization (Gandhinagar Shala Pathya Pustak
Mandal). It is alleged in the F.I.R. that from the year 2004 to the
date of offence revealed, the accused persons with the connivance of
each other and by way of hatching a conpiracy with a view to cause
financial damage to the beneficiary students and their parents by
not distributing the study books amongst them and with a view to get
the financial benefit had sold away the study books illegally
instead of distributing them to the beneficiary students under the
scheme an thereby caused a huge amount of loss to the students and
their parents.
Upon
F.I.R. being filed, accused came to be arrested and having completed
the remand period sent to judicial custody, and thereafter, an
application for regular bail was preferred. After hearing both the
parties, the learned judge was pleased to grant the regular bail to
the respondent accused.
Learned
Additional Public Prosecutor Ms.Mini Nayar vehemently submitted that
the accused persons by way of hatching a consiracy with the
connivance of each other were found selling study books which were
actually allotted for distribution of beneficiary of students under
the Scheme of “Sarva Shiksha Abhiyan” for 8th
standard under the scheme of “EDN” for 9th to
12th Standard students and by not doing so caused
financial damage to the students as well as their parents.
She
has further stated that all the accused persons have been involved
in a serious offence and the amount of damage runs into crores of
rupees. Hence, looking to the gravity and seriousness of the
offence, bail ought not to have been granted to the accused persons.
I
have perused the copy of F.I.R. at Page No.11 and also perused the
letter dated 01.07.2011 written by Dr.Kamlesh Parmar and H.A.Jhala,
Officials of Gujarat Rajyashala Pathya Pushtak Mandal. Referring the
same, it appears that according to the F.I.R., incident had been
occurred at any time prior to 28.06.2011 and referring the above
letter dated 01.07.2011, it appears that as the news regarding the
above referred incident published in the newspapers, the said letter
has been written by said Dr.Kamlesh Parmar and H.A.Jhala to the
Police Inspector, “C” Division Police Station,
Bhavnagar.
It
appears that up to date, complaint which was required to be filed by
the State has not been filed. It further appears that while filing
the F.I.R., the data, which was easily available with the applicant,
appears to have not been furnished to the Investigating Officer.
Moreover, it is pertinent to note that since the charge-sheet has
already been filed on 26.09.2011, the investigation appears to have
been over.
I
have gone through the order below Exh.1 dated 03.08.2011, passed by
Additional Sessions Judge, Bhavnagar. Referring the same, it appears
that no irrelevant fact has been considered. The learned Trial Judge
in fact, has discussed all the relevant facts while releasing the
respondent-original accused on bail and hence, there appears no
substance in this application.
Moreover,
for cancellation of bail, conduct subsequent to release on bail and
the supervening circumstances are relevant to be looked into. To me
there appears no overwhelming circumstance which demands
cancellation of the bail order passed by the trial court.
On
behalf of the applicant, nothing has been indicated to show that the
respondent-accused has, in any manner, misused the liberty granted
to him. In the circumstances, no case is made out for cancellation
of the regular bail granted to the respondent-accused. The
application, being devoid of merits, is accordingly rejected at the
stage of admission.
(G.B.SHAH,
J.)
Girish
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