1. This third successive application is filed by the applicant for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR registered as C.R. No.I-14 of 2010 with DCB Police Station, Vadodara, for the offences punishable under Sections 409, 420, 465, 467, 468, 471, 474, 477(a), 120(b) of the Indian Penal Code.
2. Initially, the applicant had filed Criminal Misc. Application No. 7104 of 2011 which came to be withdrawn vide order dated 07.07.2011 which reads as under:
"Learned advocate for the applicant seeks permission to withdraw this application at this stage.
Permission is granted.
This application stands disposed of as withdrawn. Rule is discharged."
3. Thereafter, the applicant filed Criminal Misc. Application NO.15099 of 2011 which came to be rejected with reasons vide order dated 22.12.2011. Paras 4 and 5 of the above order reads as under:
"4. Heard learned counsel for the applicant and learned APP for the respondent
- State of Gujarat. The allegations levelled against the applicant are of creating false record pertaining to village form No.7/12 and other revenue records so as to obtain loan from nationalized bank and bogus stock record of Castor oil and Castor seeds. The accused persons by creating dubious record and revenue certificates entered into agreements with banks and availed loans and the loan amount was deposited in the account of the company. The accused persons have also created election card, other identity proofs and revenue record of dummy persons by use of scanning machine. The extent of financial scam, as per the complaint, is around 1200 crores and even after charge sheet prima facie relevant material is seized by the investigating agency to the tune of Rs.100 crores and possibility of further investigation is not ruled out.
5. In case of other co-accused persons the trial court has noticed scam of Rs.200 crores and the applicant is charged with not only Sections 420, 465, 467, 471 etc. of the Indian Penal Code, but also with sections under sections 409 and 120B of the Indian Penal Code and punishment prescribed for such offence is life imprisonment. In such a huge systematic fraud and misappropriation of public fund ranging from 100 crores onwards and the punishment prescribed is life imprisonment and apprehension of influencing the witnesses and tampering with the record is not ruled out even by imposing conditions since the applicant and other co-accused in the crime are highly influential persons."
4. Now, the applicant had filed this third successive bail application. There is no change in facts and law. Considering the overall facts and circumstances of the case, roles attributed to the applicants in the crime under Sections 409, 420, 465, 467, 468, 471, 474, 477(a), 120(b) of the Indian Penal Code, this Court is not inclined to exercise discretionary jurisdiction under Section 439 of the Code of Criminal Procedure, 1973.
Accordingly, this application fails and is hereby rejected.
[ANANT S. DAVE, J.] //smita// Top