Gujarat High Court
Patel Ishwarbhai Prabhudas & 5 vs State Of Gujarat on 3 April, 2014
Author: Anant S. Dave
Bench: Anant S. Dave
R/CR.MA/4249/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO.
4249 of 2014
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PATEL ISHWARBHAI PRABHUDAS & 5....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PM THAKKAR Ld. Sr. Counsel with MR TUSHAR CHAUDHARY,
ADVOCATE for the Applicant(s) No. 1 6
MR NEERAJ SONI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 03/04/2014
ORAL ORDER
1. This application is filed by the applicants under Section 438 of the Code of Criminal Procedure in connection with first information report registered at C.R. No. I18 of 2014 with Mehsana City "B" Division Police Station, District: Mehsana, for the offences punishable under Sections 406, 420, 465, 468, 471, 120B and 114 of the Indian Penal Code.
2. At the outset, it is not in dispute that coaccused of the same FIR came to be considered by this Court when they have filed regular bail application under Section 439 of the Code of Criminal Procedure, in which this Court had considered all relevant police papers in the Page 1 of 8 R/CR.MA/4249/2014 ORDER presence of the Investigating Officer and the case of the applicants herein, is also arising out of the same FIR and the police papers. 2.1. The fact of the case in brief is that the applicants are highly reputed person in the public life and the Directors of Mehsana District Cooperative Milk Producers' Union Limited. The applicants were also holing other posts in public life in the past. In the backdrop of allegations, learned senior counsel for the applicants would submit that last year, there was a situation of drought in the State of Maharashtra and therefore, the Maharashtra State Cooperative Milk Federation had made a request to the Gujarat Cooperative Milk Marketing Federation Ltd., (hereinafter referred to as 'Gujarat Federation') to aid and assist to meet with the drought and famine situation and to provide the cattle feeds at a subsidized rate or by way of donation. As it appears, the GCMMF (Gujarat Federation) initially on principle had agreed for providing cattle feed to the said Federation of Maharashtra and other drought and famine affected milk producers union members of the said Federation, especially seven Districts of State of Maharashtra pursuant to meeting held under Chairmanship of Union Minister for Agriculture.
3. The submissions canvassed by the learned advocate for the applicants in the cases of coaccused and submissions made by the learned senior counsel herein, are similar and detailed submissions are not recorded, but basic contentions are as under : 3.1. Learned senior counsel for the applicants would further submit that the Mehsana District Cooperative Milk Producers' Union Limited has established the manufacturing plants of cattle feed and that the Page 2 of 8 R/CR.MA/4249/2014 ORDER Mehsana Dairy is providing cattle feed to its member affiliated societies and other District level Unions on 'no profit no loss basis'. In this situation, when the Maharashtra State Milk Federation made a request on 24.01.2013 for supply of 22,500 MT cattle feeds for a social cause and accordingly, the Mehsana District Milk Producers Cooperative Union Limited (hereinafter referred as, 'the Mehsana Dudhsagar Dairy') from 27.04.2013 had supplied the cattle feeds and out of said demand, 13731.5 MT having a value of Rs.18,64,05,903/was supplied and for the said supply a transportation expenditure of Rs.3,86,20,725/ was incurred. The said amount of transportation was paid to the respective transporters by the Mehsana Dudhsagar Dairy through cheques, and requisite resolution was passed by the Board of Directors of the Mehsana Dudhsagar Dairy on 29.04.2013 and thus the Debit Note of Rs.22,50,26,628/ was sent to the Federation on 12.08.2013. However, a motion of no confidence was moved and accordingly, Managing Director of the GCMMF (Gujarat Federation) had summoned the meeting under Agenda notice dated 23.10.2013 and the meeting was to be held on 26.10.2013, but, before this Court on 25.10.2013, after bipartite hearing, the meeting dated 26.10.2013 was stayed and ultimately a meeting to transact the business of approving a motion of no confidence against the Chairman of Mehsana Dairy could not be convened and finally, litigation is now pending in the Apex Court. 3.2. Learned senior counsel for the applicants would further submit that the Managing Director of the Gujarat State Cooperative Milk Marketing Federation the Federation had written the Debit Note of Rs.22,50,26,281/ and on 12.08.2013 the Mehsana Dudhsagar Dairy had forwarded the said Debit Note of the said amount to the Page 3 of 8 R/CR.MA/4249/2014 ORDER Maharashtra State Cooperative Milk Federation" Mahananda Dairy", which was returned on 30.10.2013. Now, these facts and the chain of events have been considered to be an offence under Sections 406, 420, 465, 468, 471, 120B and 114 of the Indian Penal Code. The Cooperative Commissioner and Registrar, Cooperative Societies, Gujarat State, Gandhinagar, straight way passed an order dated 23.01.2014 directing the District Registrar, Cooperative Societies, Patan, Shri Shaileshkumar Narmadashanker Joshi to file a complaint as criminal breach of trust and financial offence punishable under the Indian Penal Code and accordingly, the District Registrar, Cooperative Society, on 24.01.2014, forwarded written complaint to Mehsana City 'B' Division Police Station on his own incorporating offences punishable under Sections 406, 420, 465, 468, 471, 120B and 114 of the Indian Penal Code and registered the same as C.R. No. I18 of 2014.
3.3. Learned senior counsel for the applicants would also submit that the applicants along with other officers have filed Special Criminal Application No.361 of 2014 for quashing of the proceedings. However, the said Special Criminal Application along with other Special Criminal Application filed by members of Board of Directors have been admitted by this Court, but the investigation has not been stayed and certain directions have been issued to the investigating agency to collect and examine the material and documents.
3.4. Learned Senior counsel for the applicants further submitted that the applicants are falsely implicated with oblique motive to humiliate the applicants and drag them in the criminal litigation. The applicants have no criminal antecedents and they will not flee from Court of Page 4 of 8 R/CR.MA/4249/2014 ORDER justice.
4. Heard learned APP for the respondent State, who opposed grant of bail looking to the nature and gravity of offence, and submitted that dispatch of cattle feeds and transportation, for which, no sanction of the competent authority was obtained and payment was made and without recovery of payment for the goods dispatched for further cattle feeds supplied, loss is caused to the Mehsana District Cooperative Milk Producers Union Limited. It is also submitted that even some resolutions and agenda meetings are also in realm of the investigation. The learned APP therefore submitted that considering the above aspects, this application deserves to be rejected.
5. Having heard the learned senior counsel for the applicants and learned APP for the respondentState and considering the overall facts and circumstances of the case and perusal of investigation papers, including letter dated 23.04.2013 addressed by the Chairman of Maharashtra Rajya Sahakari Dudh Mahasangh, Mumbai, State of Maharashtra to the Chairman of GCMMF (Gujarat Federation) along with Resolution No.5(B) of GCMMF referring to the above letter, dispatch of 13731.5 MTs of cattle feeds without verification of drought affected areas of the State of Maharashtra, delivery of cattle feeds, for which, delivery challans and payment made to the transporters by cheques appear on record and the above facts are not denied by the Investigating Officer, other aspects about resolutions and agenda items of the Federation, for which, records are available with the Investigating Officer and that, in absence of any criminal antecedents against the applicants, availability of the applicants during trial could be secured Page 5 of 8 R/CR.MA/4249/2014 ORDER by imposing suitable conditions. Apart from that, the fact that the delivery of cattle feeds to respective gram panchayats at various districts of the State of Maharashtra remains undisputed as on date. Further the Certificate of Maharashtra Rajya Sahakari Dudh Mahasang Maryadit, Mumbai issued by the Chief Coordinator and General Manager (Mktg.) dated 10.10.2013 was received via email dated 15.10.2013 by the concerned Officer, Mehsana District Cooperative Milk Producers' Union Limited, Mehsana. In the said certificate, it is stated that implementing agencies of various districts under Maharashtra Drought Relief Aid Scheme have received 13731.5 MT of cattle feed in good condition at Taluka/District level godowns during the period from 1st May, 2013 to 31st July, 2013. Along with the said certificate, about 22 pages with regard to camps showing various details of receipt of cattle feeds at District and Taluka level, were annexed. Considering the above aspects, I am inclined to grant anticipatory bail to the applicants. 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.
6. Learned counsel for the parties do not press for further reasoned order.
7. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being Page 6 of 8 R/CR.MA/4249/2014 ORDER C.R. No. I18 of 2014 with Mehsana City "B" Division Police Station, District: Mehsana, the applicants shall be released on bail on furnishing a bond of Rs.10,00,000/ (Rupees Ten Lakhs only) each with one surety of like amount on following conditions : [a] shall cooperate with the investigation and make themselves available for interrogation whenever required. [b] shall remain present at concerned Police Station on 11.04.2014 between 11:00 am to 2:00 pm:
[c] shall 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 from disclosing such facts to the Court or to any Police Officer;
[d] shall at the time of execution of bond, furnish the 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] will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately [f] It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
[g] despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the Page 7 of 8 R/CR.MA/4249/2014 ORDER prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
8. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
9. 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.
10. Rule made absolute. Application is disposed of accordingly.
11. Direct service is permitted.
(ANANT S.DAVE, J.) /phalguni/ Page 8 of 8