Ramji Dharamshi Bhanushali vs State Of Gujarat

B.N. Karia, J

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being

C.R.No.11201017200002 of 2020 registered with C.I.D. Crime Border Zone Bhuj Police Station, District: Kachchh for the offence punishable under

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

Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on

regular bail by imposing suitable conditions. She further submits that the applicant is innocent person and he is falsely implicated in the present offence.

She further submits that the offence alleged is from date 01.01.2003 to 31.03.2019 for which the present complaint is filed on 17.01.2019 and there is

no explanation whatsoever in the FIR for filing the complaint at such a belated stage. It is further submitted that the allegation against that he was the

Member of Chiyasar Seva Sahakari Mandli Limited and they along with other accused persons in collusion with one another obtained loan from the

bank in the name of Farmers of Mandali which includes the names of fictitious and dead persns and the amount of the loan of crores of rupees in the

name of Chiyasar Seva Sahakari Mandli Limited. It is also coming out that after obtaining loan, certain payments are made by Mandali and there is

nothing on record to show that the bank has initiated any proceedings for recovery of the amount of loan. Learned advocate for the applicant further

submits that co-accused Sanjay Rameshchandra Tripathi has been released on regular bail by this Court (Coram: Hon'ble Ms. Justice Sangeeta K.

Vishen) vide order dated 23.07.2020 in Criminal Misc. Application No.8925 of 2020, another co-accused Girirajsinh Kanubha Jadeja has been

released on regular bail by this Court (Coram: Hon'ble Mr. Justice Ashutosh J. Shahstri) vide order dated 29.07.2020 in Criminal Misc. Application

No.9122 of 2020 and another co-accused Jayantilal Gangaji Bhanushali has been released on regular bail by this Court (Coram: Hon'ble Mr.Justice

Bhargav D Karia) vide order dated 24.07.2020 in Criminal Misc. Application No.9186 of 2020. Thus on the ground of parity, the present applicant

may be released on bail.

Learned Additional Public Prosecutor for the respondent- State as well as learned advocate for the respondent- complainant have opposed grant of

regular bail looking to the nature and gravity of the offence.

I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not

invite reasoned order.

In the facts and circumstances of the case and considering the fact that the nature of allegations made against the applicant in the FIR as well as

considering the ground of parity, it appears that in Criminal Misc. Application No.8925 of 2020, the applicant was serving as a Bank Manager an in

Criminal Misc. Application No.9186 of 2020, the applicant was serving as a President of the Society and in Criminal Misc. Application No.9122 of

2020, the applicant was serving as a Secretary of the Society and all three co-accused persons of this offence have been released on bail by this

Court. The applicant was serving voluntarily as a Committing Member in Chiyasar Seva Sahakari Mandli and pima facie, it appears that whatever loan

was issued by the bank, no resolution was passed by the present applicant and he was not participated in any proceedings in connection with the

sanctioned loan. There is nothing on record that in any application for obtaining loan from the respective farmers from the bank, no signature was

made by the present applicant or to recommend for sanctioning the loan. It also appears from the record placed before this Court that whatever

assurance chit was written, no signature was made by the present applicant or it was not issued on behalf of the Mandli by the present applicant.

After getting loan by the Mandli from the bank, it was disbursed to the members of the Mandali, wherein also nowhere in any receipts, signature of

the present applicant was made. Prima facie, the applicant has been falsely involved in the present offence. The alleged offence was committed in the

year 2003 as per the complaint. The police has completed the investigation of the offence and charge-sheet is also filed before the learned Court-

below and Criminal Case No.1063 of 2020 is pending before the Court-below. There is every possibility of availability of his presence before the

concerned Trial Court. The custody of the present applicant till ending of the trial would not be required. I am of the opinion that this is a fit case to

exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I-

11201017200002 of 2020 registered with C.I.D. Crime Border Zone Bhuj Police Station, District: Kachchh on executing a personal bond of

Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned 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] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish latest and permanent address of 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 this Court;

The Authorities will release the applicant 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 learned 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, learned 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 is made absolute to the aforesaid extent.

This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.