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CR.MA/6264/2005 10/ 10 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6264 of 2005
==============================================================
PRAMODBHAI
KANTIBHAI BAROT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
JS YADAV for
Applicant(s) : 1,
MR SS PATEL APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 05/09/2005
ORAL
ORDER
:
1. Rule.
Mr. S.S. Patel, learned A.P.P. waives service of Rule on behalf of
the respondent ? State.
2. Heard
Mr. J.S. Yadav, learned advocate for the applicant and Mr. S.S.
Patel, learned A.P.P. for the respondent ? state.
3. This
is an application u/s 439 of the Code of Criminal Procedure,
1973 for regular bail as the applicant has been arrested by the
police in connection with the offence
registered as CR No. I ? 283 of 2003 at Nadiad Town Police Station
for the offences punishable u/s 420, 114, 465, 468, 467, 471, 417 and
120-B of the I.P. Code.
4. It
is submitted by the learned advocate for the applicant that the
applicant was Chairman-cum-Director of Swami Co-operative Credit
Society Ltd., at Nadiad during the relevant time and he had
sanctioned various loans to the members of
the said credit society. However, the borrowers could not repay the
amount of loans and therefore the
Administrator of the society filed the present complaint against
the present applicant and other members of the Managing
Committee and Directors of the Swami Co-operative Credit Society Ltd.
He has also submitted that the co-accused and other Directors
of the Swami Co-operative Credit Society Ltd. are released on
regular bail by the Court and the present applicant is not released
on bail though having played similar role and hence on the ground of
parity the present applicant is required to be released on regular
bail. Learned advocate for the applicant further
submitted that the applicant had offered the property worth Rs.36.00
lacs to the Kheda Jilla Madhyastha Cooperative Bank Ltd. against
the outstanding amount and therefore major part of the outstanding
amount has been secured. He has submitted
that the civil suits for recovery of the remaining amount have been
filed against the borrowers.
He has submitted that the charge sheet has also been filed and the
case is based on the documentary evidence and therefore the applicant
should be released on r regular bail.
5. Learned
A.P.P. Mr. S.S. Patel submitted that the loans were also given to the
non-members of the Swami Co-operative Credit Society Ltd. He has also
submitted that other co-accused who were the Directors
of the said credit society have been released on regular bail by the
court. He has also submitted that some of the Directors of the
credit society were released on anticipatory bail by this Court and
thereafter they were released on regular bail by the court concerned.
6. It
appears from the complaint filed by Himatsinh P. Dabhi, Administrator
of Swami Co-operative Credit Society Ltd. before
Nadiad Town Police Station that the applicant and other co-accused
have advanced various loans to their relatives and friends without
following proper procedure and without obtaining security for the
repayment of the advances made to the borrowers. It is also alleged
that the applicant and other co-accused made advances to their
relatives and friends who have failed to
repay the loans. The applicant and other co-accused have not passed
necessary resolutions for grant of loans and have sanctioned the
loans for their personal economic gain.
7. It
appears from the investigation papers that some of the co-accused
who were the Directors of the Swami Co-operative Credit Society
Ltd. were granted anticipatory bail and subsequently they were
released on regular bail. Investigation papers do not show that
the applicant has played any special or specific role in making
advances to t he concerned borrowers.
9. Learned
advocate for the applicant has also relied on decision of this
Court in the case of Dashrathbhai Bholidas Patel
V. State of Gujarat and another,
reported in 2004 CRI.L.J. 4369,
wherein this Court has released the applicant accused on bail on the
ground of parity and has observed that
?Swhen the office bearers are released
on bail and when the investigation qua the applicant was over and
the charge sheets were filed, the applicant should be released on
bail on the ground of parity.??
9. The applicant accused
has been in the jail since more than seven
months and the charge sheet has already been filed. It is also
stated that the applicant has offered security to the Bank from
which major part of the advances could
be realised. A copy of the advertisement is produced at Page 60 of
the present compilation which also indicates that the Bank has
invited the tenders for sale of the
property of the applicant situated at Swami Complex at Nadiad. It
also appears that other office bearers who were parties to the
resolution passed for making advances to the borrowers have been
released on regular bail. In these circumstances,
applicant ? Pramodbhai Kantibhai Barot is required to be
released on regular bail.
10. Considering the
submissions made on behalf of the parties
and having regard to facts and circumstances of the case, the
application is allowed and applicant ? Pramodbhai Kantibhai Barot
is released on regular in connection with CR No. I ? 283 of 2003
registered at Nadiad Town Police Station on his executing a bond of
Rs.50,000/- (Rupees Fifty Thousand only) with one surety
for the lime amount to the satisfaction of the lower court and the
subject to the conditions that the applicant 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 the Court;
(f) surrender his
passport, if any, to the lower court within
a week.
11. If breach of any of
the above conditions is committed, the Sessions Judge concerned
will be free to take appropriate
action/step in the matter.
12. Bail before the lower
court having jurisdiction to try the case.
13. Rule is made absolute.
Direct Service is permitted.
(Bankim N. Mehta,
J.)
/JVSatwara/
1. Rule.
Mr. S.S. Patel, learned A.P.P. waives service of Rule on behalf of
the respondent ? State.
2. Heard
Mr. J.S. Yadav, learned advocate for the applicant and Mr. S.S.
Patel, learned A.P.P. for the respondent ? state.
3. This
is an application u/s 439 of the Code of Criminal Procedure,
1973 for regular bail as the applicant has been arrested by the
police in connection with the offence
registered as CR No. I ? 283 of 2005 at Nadiad Town Police Station
for the offences punishable u/s 420, 114, 465, 468, 467, 471, 417 and
120-B of the I.P. Code.
4. It
is submitted by the learned advocate for the applicant that the
applicant was Chairman-cum-Director of Swami Co-operative Credit
Society Ltd., at Nadiad during the relevant time and had sanctioned
various loans to the members of the said
credit society. However, the borrowers could not pay the amount of
loans and therefore the Administrator of
the society field the present complaint and against
the present applicant and other members of the Managing
Committee and Directors of the Swami Co-operative Credit Society Ltd.
He has also submitted that the co-accused and other Directors
of the Swami Co-operative Credit Society Ltd. Are released on
regular bail by the Court and the present applicant is not released
on bail though having played similar role. He has also submitted that
on the ground of parity the present applicant is required to be
released on regular bail. Learned advocate for the applicant further
submitted that the applicant had offered the property worth Rs.36.00
lacs to the Kheda Jilla Madhyastha Cooperative Bank Ltd. against
the outstanding amount and therefore major part of the outstanding
amount has been secured. He has submitted
that the civil suits for recovery of the remaining amount have been
filed against the borrowers.
He has submitted that the charge sheet has also been filed and the
case is based on the documentary evidence and therefore the applicant
should be released on r regular bail.
5. Learned
A.P.P. Mr. S.S. Patel submitted that the loans were also given to the
non-members of the Swami Co-operative Credit Society Ltd. He has also
submitted that other co-accused who were the Directors
of the said credit society have been released on regular bail by the
court. He has also submitted that some of the Directors of the
credit society were released on anticipatory bail by this Court and
thereafter they were released on regular bail by the court concerned.
6. It
appears from the complaint filed by Himatsinh P. Dabhi, Administrator
of Swami Co-operative Credit Society Ltd. before
Nadiad Town Police Station that the applicant and other co-accused
have advanced various loans to their relatives and friends without
following proper procedure and without obtaining security for the
repayment of the advances made to the borrowers. It is also alleged
that the applicant and other co-accused made advances to their
relatives and friends who have failed to
repay the loans. The applicant and other co-accused have not passed
necessary resolutions for grant of loans and have sanctioned the
loans for their personal economic gain.
7. It
appears from the investigation papers that some of the co-accused
who were the Directors of the Swami Co-operative Credit Society
Ltd. were granted anticipatory bail and subsequently they were
released on regular bail. Investigation papers do not show that
the applicant has played special and specific role in making advances
to t he concerned borrowers.
9. Learned
advocate for the applicant has also relied on decision of this
Court in the case of Dashrathbhai Bholidas Patel
V. State of Gujarat and another,
reported in 2004 CRI.L.J. 4369,
wherein this Court has released the applicant accused on bail on the
ground of parity and has observed that
?Swhen the office bearers are released
on bail and when the investigation qua the applicant was over and
the charge sheets were filed, the applicant should be released on
bail on the ground of part.??
9. The applicant accused
has been in the jail since more than seven
months and the charge sheet has already been filed. It is also
stated that the applicant has offered security to the Bank form
which major part of the advances could
be realised. A copy of the advertisement is produced at Page 60 of
the present compilation which also indicates that the Bank has
invited the tenders for sale of the
property of the applicant situated at Swami Complex at Nadiad. It
also appears that other office bearers who were parties to the
resolution passed for making advances to other borrowers have been
released on regular bail. In these circumstances,
applicant ? Kantibhai Pramodbhai Barot is required to be
released on regular bail.
10. Considering the
submissions made on behalf of the parties
and having regard to facts and circumstances of the case, the
application is allowed and applicant ? Pramodbhai Kantibhai Barot
is released on regular in connection with CR No. I ? 283 of 2003
registered at Nadiad Town Police Station on his his executing a bond
of Rs.50,000/- (Rupees Fifty Thousand only) with one surety
for the lime amount to the satisfaction of the lower court and the
subject to the conditions that the applicant 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) main law and order;
(d) mark his presence
before Nadiad Town Police Station on every
1st and 15th day of every English calender
month between 9-00 a.m. o 2-00;
(e) not leave the State
of Gujarat without the prior permission of
the Sessions Court concerned,
(f) 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;
(g) surrender his
passport, if any, to the lower court within
a week.
11. If breach of any of
the above conditions is committed, the Sessions Judge concerned
will be free to issue warrant to take appropriate
action/step in the matter.
12. Bail before the lower
court having jurisdiction to try the case.
13. Rule is made absolute.
Direct Service is permitted.
(Bankim N. Mehta,
J.)
/JVSatwara/
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