Ashokbhai Pravinbhai Parmar vs State Of Gujarat

Vaibhavi D. Nanavati, J

Heard the learned advocates for the respective parties through video conferencing.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information

Report registered with the Kosamba Police Station, District Surat, vide I-Part A C.R.No.11214021201676 of 2020 for the offences punishable under

Sections 409, 420, 465, 468, 471, 114 and 120B of the Indian Penal Code, 1860.

Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular

bail by imposing suitable conditions. He has submitted that the applicant has been arrested on 06.12.2020 and he has been in jail since then. He has

submitted that on 24.07.2020, an inspection was carried out by the company through its officer and it was observed by the officer of the company that

the meter of the factory of the accused no.4 was displaying 86312/KWH units consumed, whereas it was found that on 29.06.2020, the present

applicant had read the meter of the same factory and reported 38668/KWH unites consumed and as such 47644/KWH unites was less reported by

the present applicant in the bill for the month of June-2020, which was raised for the electricity consumed during the period of two months ranging

from April to May, 2020 and as such caused monetary loss to the company to the tune of Rs.3,77,498/-.

Learned advocate for the applicant has submitted that the FIR shows that pursuant to the irregularity, an investigation was carried out by the

officers of the company itself in which the statement of the present applicant was recorded on 04.08.2020, wherein he confessed that he made a

mistake and further disclosed that it was accused no.2, who for consideration of Rs.1500/-upon instructions of the accused no.3 has committed the

alleged office. He has submitted that there are no antecedents against the present applicant.

The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the

allegations levelled against the applicant and the role played by the applicant.

I have also taken into consideration the following aspects :

i) The applicant is in custody since 06.12.2020;

ii) The applicant had only read the meter of the co-accused no.4;

iii) No consideration is alleged to be received by the applicant;

iv) There are no criminal antecedents against the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of

Investigation, reported in [2012]1 SCC 40.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing

the evidence in detail, prima facie, this Court is 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 the First Information Report

registered with the Kosamba Police Station, District Surat, vide I-Part A C.R.No.11214021201676 of 2020, 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 trial Court and subject to the conditions that he

shall;

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

[b] not act in a manner injuries 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] mark presence before the concerned Police Station on alternate Monday 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 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 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 is made absolute to the aforesaid extent.

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 applicant 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.