Gujarat High Court
Miteshbhai Dilipbhai Trivedi vs State Of Gujarat on 28 April, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/5815/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5815 of 2021
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MITESHBHAI DILIPBHAI TRIVEDI
Versus
STATE OF GUJARAT
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Appearance:
MR ANKIT SHAH(6371) for the Applicant(s) No. 1
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1
MS MONALI BHATT, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 28/04/2021
ORAL ORDER
1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, is seeking regular bail in connection with the FIR being C.R.No.I-06 of 2018 registered with Valsad & Dang ACB Police Station, Dist. Valsad, for the offences punishable under Sections 13(1)(d),(1)(2)(3) and 13(2) of the Prevention of Corruption Act and Sections 409, 465, 466, 467, 471, 476(A), 120(B) and 34 of the Indian Penal Code.
2. Mr. N.D.Nanavaty, learned Sr. Counsel assisted by Mr. Hriday Buch and Mr. Ankit Shah, learned counsel appearing for the applicant submits that the applicant has been wrongly arraigned as accused in the present case without any justifiable reason. There is not an iota of prima facie material, which could point the guilt towards the present applicant in the case on hand. It is further submitted Page 1 of 5 Downloaded on : Fri Jan 14 04:29:33 IST 2022 R/CR.MA/5815/2021 ORDER that, the applicant is not a government employee and at the relevant point of time, he was working as an employee of the Project Firm namely 'Pipara & Co.' Further, the applicant has not fabricated a single document and affixed seal of pre-audit was also not false and fabricated. Therefore, during the audit work, the applicant has performed his duty as per the rules of accountancy and no any monetary benefits, as alleged by the prosecution, had been received from anybody. It is further submitted that, the accused who are the office bearers of GSLDC as mentioned in the FIR have been released on bail by this Court as well as the concerned Sessions Court.
3. Learned APP has opposed the bail application contending that considering the monetary stake as alleged against the applicant, and nature of accuasation, the discretion may not be exercised in favour of the applicant.
4. Before adverting to the contentions as advanced by learned counsel for the parties, let us examine the facts of the prosecution case. The Agriculture Department had launched a scheme for poor farmers known as "pond for farming". The Gujarat State Land Development Corporation (GSLDC) appointed as a nodal agency to execute the said scheme. As per the said scheme, if any farmer wants to make a pond near his farm for harvesting purpose, he/she had to apply on portal of GSLDC and after following the due procedure, subsidy and other benefits would be accorded to the concerned farmer through GSLDC. In this background, the case of Page 2 of 5 Downloaded on : Fri Jan 14 04:29:33 IST 2022 R/CR.MA/5815/2021 ORDER the prosecution is that, the office bearers and contractor of the GSLDC without following rules and procedure and in connivance with each other have hatched conspiracy and prepared fake and fabricated documents related to the farmers' pond and with the aid of Project Firm - Pipara & Co. and its employees, obtained unlawful gain without doing the actual work and caused loss to the government exchequer. So far as the present applicant is concerned, it is alleged that, the applicant being an office bearer of the project of Pipara & Co., had overlooked the standard of the procedure of audit work and wrongly affixed the stamp on the final bill and measurement book as a part of pre-audit documents.
5. In the aforesaid factual background, this Court is of the opinion that, the prosecution is failed to demonstrate that the applicant being an office bearer of Pipara & Company, has affixed the stamp with a view to get the unlawful monetary benefits from the scheme executed through GSLDC. It is pertinent to note that the applicant is not a government employee. It is also an admitted fact that the accused named in the FIR have been enlarged on regular bail by this Court as well as the Sessions Court. The investigation so far as the present applicant is concerned is over and nothing is to be recovered from the applicant. The conclusion of trial may take time. Therefore, without expressing anything on merits of the case, this Court deems fit to enlarge the applicant on bail.
6. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being Page 3 of 5 Downloaded on : Fri Jan 14 04:29:33 IST 2022 R/CR.MA/5815/2021 ORDER C.R.No.I-06 of 2018 registered with Valsad & Dang ACB Police Station, Dist. Valsad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
No. Conditions
(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 India without prior permission of the Sessions Judge concerned;
(e) furnish latest 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 the trial Court;
7. 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, Page 4 of 5 Downloaded on : Fri Jan 14 04:29:33 IST 2022 R/CR.MA/5815/2021 ORDER qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
8. Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e- mail.
(ILESH J. VORA,J) SUCHIT Page 5 of 5 Downloaded on : Fri Jan 14 04:29:33 IST 2022