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CR.MA/26792010/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2679 of 2010
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
JAYKISHAN
UDHRAM KODNANI - Respondent(s)
=========================================
Appearance :
MR.
U.A.TRIVEDI, ADDITIONAL PUBLIC PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 05/04/2010
ORAL
ORDER
The
present application has been filed by the applicant State for
cancellation of bail granted to the respondent original accused.
The
respondent accused has been granted bail by the learned
Presiding Officer and Additional Sessions Judge, Fast Tract Court
No.1, Vadodara as per the order passed in Criminal Misc. Application
No. 1691 of 2009 dated 8.1.2010.
The
respondent accused has been charged with having committed
offences under Sections 406, 409, 420, 464, 468, 471, 120B, 34 and
114 of the Indian Penal Code for which FIR being I-Cr No. 186 of
2009 has been registered with Vaghodia Police Station.
The
aforesaid order granting bail is sought to be challenged in the
present application on the grounds narrated in the memo of this
application inter alia that the learned Judge ought to have
considered the name of the accused mentioned in the FIR and the role
attributed to the respondent accused. It is further contended
that the learned Judge ought to have considered the fact that the
respondent accused was an officer of the Nigam, who was to
supervise the work done by the contractors and the sub-contractors
and also to carry out the work. Learned APP further submitted that
as an officer incharge, he ought to have verified the reports made
by the subordinates, including the Assistant Engineer before
approving. Therefore, the learned APP has submitted that the
respondent accused has not only remained negligent but it was
active connivance / role in the entire fraud for the amount paid to
the contractors without completion of work, which has also caused
financial damage / loss.
Learned
APP Mr. Trivedi has therefore submitted that the learned Judge has
not considered the seriousness of the entire systematic fraud where
the forge documents are made with the false declaration and
therefore ought not to have granted the bail. He therefore
submitted that the present application may be allowed.
The
submissions made by the learned APP are required to be appreciated
in light of the facts and the order passed by the trial Court.
Therefore, the learned APP has submitted that the respondent
accused has not only remained negligent but it was active connivance
/ role in the entire fraud for the amount paid to the contractors
without completion of work, which has also caused financial damage /
loss.
It
is required to be appreciated that anticipatory bail was granted to
the respondent original accursed as per order passed in Criminal
Misc. Application No. 1387 of 2009 and thereafter the application
for Regular Bail being Criminal Misc. Application No. 1691 of 2009
has been filed. The investigation is over and it is substantially
based on the documentary evidence belonging to the department, which
has been seized.
Therefore,
considering the well accepted principles laid down in catena of
judicial pronouncements that the criteria for cancellation of bail
is more stringent and unless the necessary parameters are fulfilled,
bail cannot be cancelled.
In
the facts of the present case, no such material has been brought
stating that the learned Judge has failed to appreciate the material
and evidence and has considered any irrelevant material for the
purpose of grant of bail. Further, there is no material suggesting
any conduct subsequent to the grant of bail, which can be said to
cause prejudice to the prosecution. Therefore, this court is not
inclined to entertain the present application and the present
application deserves to be rejected and accordingly stands rejected.
(Rajesh
H. Shukla,J)
Jayanti*
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