PRAGJI JASHAJI LAKHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for seeking regular bail in connection with the FIR, being C.R.I- No.11201017200001 of 2020 registered before CID Crime Border Zone Bhuj Police Station, District - Bhuj for the offences punishable under Sections 409, 406, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

(2.) Mr.Kruti M. Shah, learned advocate for the applicants, has submitted that the applicant No.1 is the member of executive committee, the applicant No.2 is also the member and applicant No.3 happened to be the Secretary of the Mandli. Learned advocate has further submitted that the applicants are innocent persons and wrongly been arraigned in the prosecution. It is submitted that in the similar set of circumstance, several co-accused persons have been enlarged on even regular bail, the orders whereof are attached to the application compilation after page-66 onwards and, therefore, on the basis of similar allegations when co-accused persons have been enlarged on bail, on the principle of parity, the request of the applicants may also be considered. It has been pointed out by Ms.Kruti M. Shah, learned advocate that even the main accused has been given the regular bail and even the Branch Manager has also been enlarged on bail and recently, in 3 cases, even the Secretaries of the Mandli have also been released and all these orders granting regular bail have been passed after hearing the learned advocate representing the bank. Such orders are passed in Criminal Misc. Application No.5025 of 2020, decided on 18.6.2020; Criminal Misc. Application No.5501 of 2020, decided on 18.6.2020 and Criminal Misc. Application No.9073 of 2020, decided on 13.7.2020 and by referring to those decisions, a request is made to consider the case of the present applicants since the applicants are innocent persons and have been wrongly arraigned in the prosecution.

(3.) Mr.Dhruraj Rana, learned advocate appearing on behalf of the bank, has made an attempt to oppose this application. However, the learned advocate could not withstand to the contention that in all those similar cases, the regular bail has been granted to the co-accused persons and in some of the matters, he himself has appeared and after hearing him, the Coordinate Benches have released the accused persons on bail and hence, left it to the discretion of the Court.