Bhaumik Dilipkumar Gandhi vs State Of Gujarat

S.H.Vora, J

Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.I-03 of

2019 with Navsari ACB Police Station for the offences punishable under Sections 12, 13(1) (a), 13(2) of Prevention of Corruption Act as well as

under sections 409, 465, 466, 467, 471, 476(A), 120B, 109 and 34 of IPC.

The case of the prosecution is as under :-

3.1 It is alleged that the office bearers and contractors of GSLDC has without following the rules and procedure and in connivance of each other with

a pre-planned conspiracy had with a common intention in abetment of each other during the year 2019 prepared fake and fabricated documents

relating to Farm Pond First and Final Bill as well as Measurement Book by showing fake entries, signatures of the Site Engineer, Supervisor and

Account Clerk which were placed on these documents, so as to show that the work against the said bills as been completed and verified by the

GSLDC official posted on the said site and eventually causing loss to the Govt. Exchequer and attain unlawful gain without doing the actual work and

didn’t pass the subsidy to poor farmer and thereby committed serious economic offence.

It is alleged that Auditor of Pipara and Co. has also connived in the offence committed by the office bearers and contractor of GSLDC, wherein it is

further alleged that due diligence way not performed by the Auditor, applicant being the officer bearers of this project of Pipara and Co. by

overlooking the standard procedure of Audit Work and breach the rules of Audit and wrongly affixed stamp on the First and Final Bill and

measurement book. It is further alleged that the present applicant has affixed the stamp of pre-audit in various documents owing to which the GSLDC

has enchased forged bills and thereby misappropriated Government revenue of Rs.5,92,000/- in connivance of other accused.

Heard and examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Substantial investigation is over.

(ii) Co-accused Mr. Pravinbhai Premal is enlarged on anticipatory bail, whereas Mr. Babubhai Prajapati is enlarged on regular bail as per orders

annexed at Annexure C colly to the present application.

(iii) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(iv) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed

by the applicant, pending investigation and trial.

Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at C.R.No.I-03 of 2019

with Navsari ACB Police Station on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) with one surety of the like amount to the

satisfaction of the trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and

shall not change the residence without prior permission of Sessions Court concerned;

The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being. If

breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. Bail bond to be

executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the

above conditions in accordance with law. 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.

Rule made absolute to the aforesaid extent. Direct service is permitted.