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CR.MA/10845/2007 1/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10845 of 2007
=========================================================
MAHENDRABHAI
BATUKBHAI VORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AD SHAH for
Applicant(s) : 1,
MR PD BHATE, ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 04/10/2007
ORAL
ORDER
1. Rule.
Shri. P.D Bhate, learned APP waives service of notice of rule for
respondent State. Rule is fixed forthwith with the consent of learned
counsel for the parties.
2. The
applicant who has been arrested in connection with C.R. No.
I-316/2006 registered with Bhavnagar ‘C’ Division Police Station for
the alleged commission of offence punishable under section 406, 408,
409, 420, 465, 467, 468, 471 and 120-B of IPC as well as section
13(1)(d) r/w 13(2) of the Prevention of Corruption Act, has moved
this Court under section 439 of Cr.P.C. for seeking regular bail,
pending trial.
3.
The applicant approached this Court on earlier occasion by
preferring Criminal Misc. Application No. 1035 of 2007 when the
further investigation was pending and therefore he withdrew the same
on 01.05.07. Liberty was reserved to the applicant to approach the
court as further investigation was pending.
3.1 After
the further investigation was over and supplementary chargesheet was
filed the applicant approached the concerned Sessions Court by
preferring Cri. Misc. Application No. 796 of 2007 with identical
prayers which came to be rejected by the Sessions Court vide order
dated 10/09/2007.
4.
Mr A.D Shah, learned advocate appearing for the applicant has relied
upon the orders dated 14.09.2007 passed by this Court (Coram: M.D
Shah, J.) in Criminal Misc. Application Nos. 9335, 9988, 10276, 9550,
9551, 9554 and 9768 of 2007 wherein the co-accused have been enlarged
on bail. Mr Shah has submitted that the Choksi committee report
which is forming part of the supplementary chargesheet which came to
be filed subsequent to the earlier application by this applicant
deserves to be taken into consideration which would go to show that
there exists no case so far as the present applicant is concerned for
denying him bail.
4.1 Mr
Shah has invited this Court’s attention to the fact that as per the
report of the Choksi committee the committee had observed at page 121
that in the entire fraud the applicant’s signature is against two
entries of 29.11.04. Mr Shah has also invited this Court’s attention
to page 135 of the Choksi committee report wherein the Choksi
committee has enlisted 56 persons to be responsible for the fraud
wherein the present applicant’s name does not figure.
4.2 He
has submitted that the person who figures at serial no. 53 of page
135 of the Choksi committee report has been enlarged on bail by this
Court (Coram: M.D Shah, J.) in Criminal Application No. 9335 of 2007
vide order dated 14.09.2007 and that the present applicant’s case is
therefore on a better footing and he urges that the applicant
deserves to be enlarged on bail.
5. Mr
P.D Bhate, learned APP appearing for the State has submitted that the
present applicant being in-charge of conducting concurrent audit was
required to audit the branches quarterly and submit his report
accordingly. The present applicant has not carried out the quarterly
audit strictly in accordance with the required norms of carrying out
audit and therefore he cannot escape his liability and the
application therefore deserves to be rejected.
6. This
Court has taken into consideration the nature of evidence gathered
during the charge-sheet, the submissions made by the learned counsel
for the parties and the reasonings assigned by the concerned Sessions
Court while rejecting the bail application of the applicant. As a
result of the said exercise, this Court is of the view that the
applicant has made out case for enlarging him on bail pending trial
for the following reasons:
This
Court is inclined to accept the submission of Mr Shah that the
Choksi committee report which is forming part of the supplementary
chargesheet does contain material indicating that there exists
strong case for enlarging the present applicant on bail.
The
Choksi committee report which had not been pressed into service on
the earlier occasion and now which is forming part of the
chargesheet contains on page 135 the names of the persons
responsible for the commission of the alleged fraud wherein the
present applicant’s name does not figure.
It
deserves to be noted that the fraud is alleged to have been
committed in respect of about 2405 bogus accounts and in the entire
set of documents which have been gathered during the investigation,
the present applicant appears to have made two entries on 29.11.04
as it is reported in the Choksi report. This fact also deserves to
be considered in its proper perspective for enlarging the applicant
on bail.
The
applicant deserves to be enlarged on bail on the ground of parity
also as the other co-accused have been enlarged on bail by order
dated 14.09.2007 passed by this Court (Coram : M.D Shah, J.) in
Criminal Misc. Application Nos. 9335, 9988, 10276, 9550, 9551, 9554
and 9768 of 2007.
7. The
aforesaid observations are made only for the purpose of examining the
prayer for bail pending trial. These observations are prima facie and
shall have no bearing whatsoever upon the trial and the trial court
shall not be influenced by it in any way and come to its own
conclusion after analysing the evidence that may be led during the
trial.
8. In
view of the above, applicant’s case for bail deserves positive
consideration.
9. Accordingly
the application is allowed. The applicant is ordered to be released
on bail in connection with Crime Register No.I-316/2006 of Bhavnagar
‘C’ Police Station on his executing a bond of Rs. 10,000=00(Rupees
Ten Thousand only), with one surety of same amount to the
satisfaction of the lower Court and subject to the conditions that he
shall :
(a) not take undue
advantage of his liberty or abuse his liberty;
(b) not act in a manner
injurious to the interest of the prosecution;
(c ) maintain law and
order;
(d) not leave the State
of Gujarat without the prior permission of the Sessions Court
concerned;
(e) furnish the address
of his residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(f) surrender his
passport, if any, to the lower Court within a week;
(g) mark his presence at
the concerned police station on the first Sunday of every month
between 10.00 a.m and 3.00 p.m for three months only;
10. If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the matter.
11. Bail before the
lower Court having jurisdiction to try the case.
12. Rule is made
absolute. Direct Service permitted.
(S.R.BRAHMBHATT,
J.)
Divya//
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