This Application is filed by the applicant under Section 438 of the Code of Criminal Procedure in connection with CR No.I-002 of 2010 registered with Meghrej Police Station for the offences punishable under Sections 408, 465, 467, 471 read with 114 of the Indian Penal Code.
On the basis of the auditor report, the complaint is lodged against the present applicant along with the Secretary for the offence is misappropriation. It is alleged that the present applicant was Inspector of District Cooperative Bank, Sabarkantha and as per his duty he is required to carry out the inspection of the cooperative society. It is alleged that Secretary of the said society-Jayantilal Kadvabhai Panchal misappropriated funds of Rs.94 lacs by not paying the said amount to different persons. He confessed his guilt and also paid the amount of Rs.94 lacs along with interest. His regular bail application is also granted by this Court. I have also gone through the statement of the said Jayantilal produced at page nos.61 and 62.
Heard learned advocates for the parties. Learned Counsel for the parties do not press for further reasoned order.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case and considering the fact that the Secretary Jayantilal has accepted the total liability for the said criminal act, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
In the event of arrest of the applicant in connection with CR No.I-002 of 2010 registered with Meghrej Police Station, District Sabarkantha for the offences alleged against him, he shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
a) co-operate with the investigation and make himself available whenever required;
b) remain present before the Investigating Officer, Meghrej Police Station on 15.2.2012 at 11.00 am.;
c) not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them for disclosing such facts to the Court or to any Police Officer;
d) at the time of execution of bond, he shall furnish his address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
e) not leave India without the permission of the Court and, if is holding a Passport, surrender the same before the trial Court immediately;
It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
The applicant is permitted to obtain regular bail as per the established provision of law, within suitable time. Rule made absolute.
Direct service is permitted.
( M.D.Shah, J ) srilatha Top