Gujarat High Court
Nishith Jyotindra Bhanuprasad Baxi vs State Of Gujarat on 28 February, 2014
Author: Anant S.Dave
Bench: Anant S. Dave
R/CR.MA/2499/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2499 of 2014
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NISHITH JYOTINDRA BHANUPRASAD BAXI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PS CHAMPANERI, ADVOCATE for the Applicant(s) No. 1
MR HASHMUKH K PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 28/02/2014
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with First Information Report registered at C.R.No.I18/2014 with 'B' Division Police Station, Dist.Mehsana for the offences punishable under Sections 406, 420, 120B, 465, 468, 471 and 114 of Indian Penal Code. The applicant is arrested on 28.01.2014. Investigating Officer is present with relevant papers pertaining to the case.
2. The fact of the case in brief is that the applicant is serving with Mehsana District Cooperative Milk Producers' Union Limited, Mehsana since 2008. The applicant is holding M.Sc., M.Tech., degree and also M.B.A. Previously, the applicant was serving with Sabar Dairy at Gandhinagar. The applicant thereafter joined the services with Mehsana District Cooperative Milk Producers' Union Limited, Mehsana in the year 2008 and since then he is serving with the said Union. After the retirement of the Managing Director Shri K.C. Verma, the applicant was considered and appointed on promotion to the said post and since then the applicant is discharging his duties as Managing Director of Mehsana Page 1 of 6 R/CR.MA/2499/2014 ORDER District Cooperative Milk Producers' Union Ltd.
2.1 In the backdrop of allegations, learned advocate for the applicant would submit last year, there was a situation of drought in the State of Maharastra and therefore, the Maharastra 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 that the GCMMF (Gujarat Federation) initially on principle had agreed for providing cattle feed to the said Federation of Maharastra and other drought and famine affected milk producers union members of the said Federation, especially seven Districts of State of Maharashra pursuant to meeting held under Chairmanship of Union Minister for Agriculture.
2.2 Learned advocate for the applicant would further submit that the Mehsana District Cooperative Milk Producers Union Limited has established the manufacturing plants of cattle feed and that the Mehsana Dairy is providing cattle feed to its member affiliated societies and other District level Unions at 'no profit no loss basis'. In this situation, when the Maharastra 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. Totaling 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, Page 2 of 6 R/CR.MA/2499/2014 ORDER 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.
2.3 Learned advocate for the applicant would further submit that the Managing Director of the Gujarat State Cooperative Milk Marketing Federationthe Federation had written the Debit Note of Rs.22,50,26,281/ and submitted to it by Mehsana Dairy on 12.08.2013 was returned back on 30.10.2013. In view of these facts and circumstances, the Mehsana Dudhsagar Dairy had forwarded the said Debit Note of the said amount to the Maharashtra State Cooperative Milk Federation"Mahananda Dairy". Now, these facts and the chain of events have been considered to be an offence under Section 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 Socieity, on 24.01.2014, forwarded written complaint to Mehsana City 'B' Division Police Station on his own incorporated under Section 406, 420, 465, 468, 471, 120B and 114 of the Indian Penal Code and registered the same as C.R.No.I 18 of 2014.
Page 3 of 6R/CR.MA/2499/2014 ORDER 2.4 Learned advocate for the applicant would also submit that the
applicant alongwith other officers have filed Special Criminal Application No.373 of 2014 for quashing of the proceedings. However, the said Special Criminal Application alongwith 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. Heard learned APP for the respondentState, who opposed grant of bail looking to the nature and gravity of offence, and submitted that dispatch of cattle feeds and transpiration, for which, no sanction of the competent authority was obtained and payment was made and without recovery of payment for the goods dispatch 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. However, learned APP, on instructions, states that in view of pendency of other applications for bail, he has requested the Court not to pass reasoned order.
4. Having heard the learned advocates for the parties 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) alongwith 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 challens and payment made to the transporters Page 4 of 6 R/CR.MA/2499/2014 ORDER by cheques appear on record and the above facts is 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 applicant, availability of the applicant during trial could be secured by imposing suitable conditions, I am inclined to enlarge the applicant on bail.
5. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered at C.R.No.I18/2014 with 'B' Division Police Station, Dist.Mehsana on executing a bond of Rs.25,000/ (Rupees Twenty Five 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 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) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. And 3.00 p.m. for three months only;
(f) furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the resident without prior permission of this Court;
6. The Authorities will release the applicant only if 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 Page 5 of 6 R/CR.MA/2499/2014 ORDER to be executed before the lower Court having jurisdiction to try the case. For modification and/or deletion of any of the conditions hereinabove, 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. 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. Direct Service is permitted.
(ANANT S.DAVE, J.) chandresh Page 6 of 6