Pragji Jashaji Lakha vs State Of Gujarat

Ashutosh J. Shastri, J

This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being C.R.I-

No.11201017200001 of 2020 registered before CID Crime Border Zone Bhuj Police Station, District - Bhuj for the offences punishable under Sections

409, 406, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

Mr.Kruti M. Shah, learned advocate for the applicants, has submitted that the applicant No.1 is the member of executive committee, the applicant

No.2 is also the member and applicant No.3 happened to be the Secretary of the Mandli. Learned advocate has further submitted that the applicants

are innocent persons and wrongly been arraigned in the prosecution. It is submitted that in the similar set of circumstance, several co-accused persons

have been enlarged on even regular bail, the orders whereof are attached to the application compilation after page-66 onwards and, therefore, on the

basis of similar allegations when co-accused persons have been enlarged on bail, on the principle of parity, the request of the applicants may also be

considered. It has been pointed out by Ms.Kruti M. Shah, learned advocate that even the main accused has been given the regular bail and even the

Branch Manager has also been enlarged on bail and recently, in 3 cases, even the Secretaries of the Mandli have also been released and all these

orders granting regular bail have been passed after hearing the learned advocate representing the bank. Such orders are passed in Criminal Misc.

Application No.5025 of 2020, decided on 18.6.2020; Criminal Misc. Application No.5501 of 2020, decided on 18.6.2020 and Criminal Misc.

Application No.9073 of 2020, decided on 13.7.2020 and by referring to those decisions, a request is made to consider the case of the present

applicants since the applicants are innocent persons and have been wrongly arraigned in the prosecution.

Mr.Dhruraj Rana, learned advocate appearing on behalf of the bank, has made an attempt to oppose this application. However, the learned

advocate could not withstand to the contention that in all those similar cases, the regular bail has been granted to the co-accused persons and in some

of the matters, he himself has appeared and after hearing him, the Coordinate Benches have released the accused persons on bail and hence, left it to

the discretion of the Court.

Mr.J.K.Shah, learned APP appearing on behalf of the respondent â€" State, has also made an attempt to oppose the application. Learned APP has

submitted that a huge scam is unearthed after proper audit and, therefore, no discretion be exercised. However, the learned APP could not withstand

to the circumstances that several co-accused persons have been enlarged on bail and ultimately, has also left it to the discretion of the Court.

Having heard the learned advocates for the parties and perusing the material placed on record, in this peculiar background of facts and

circumstances and looking to the nature of allegations and gravity of offences and in view of the decision delivered by the Apex Court in case of

Sanjay Chandra v. Central Bureau of Investigation, [2012] 1 SCC 40, this Court is of the opinion that since in large number of cases, co-accused

persons have been enlarged on bail, the case is made out by the applicants. Additionally, the Court has also taken note of the fact that in aforesaid 3

cases which are referred to above, even the Secretaries of respective Mandli have been released on bail and as such, since the applicants are ready

and willing to abide by any of the conditions, this Court is inclined to consider the request of the applicants. Hence, the present application deserves

consideration.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with C.R.I- No.11201017200001

of 2020 registered before CID Crime Border Zone Bhuj Police Station, District - Bhuj on executing personal bond of Rs.10,000/- (Ten Thousand)

each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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) surrender passport(s), if any, to the Trial Court within a week;

(d) not leave the India without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11.00 a.m. and 2.00 p.m.;

(f) furnish the present addresses of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not

change the residence without prior permission of Trial Court;

(g) shall not enter into District Kachchh (WesternBhuj) for a period of six months except for marking presence and attending the court proceedings.

The authorities will release the applicants only if he 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 issue warrant or 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 applicants on bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

The Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of

this order through Fax message, email and/or any other suitable electronic mode.

Learned advocate for the applicants is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court

through Fax message, email and/or any other suitable electronic mode.