CHAMPAKBHAI AMIRBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Heard learned advocate Mr. Shaikh for the petitioner and the learned APP Mr. SK Patel for the respondent State. In this petition, the petitioner has challenged the order passed by the learned Additional Sessions Judge, Bharuch in criminal misc. application no. 252 of 2001 dated 17th April, 2001. The offence has been registered against the petitioner at CR No. 143 of 1999 under section 406, 409, 461 alleging that the petitioner has misappropriated the amount worth Rs.6,00,000.00. In the FIR, name of the petitioner is there and no other person has been shown as the co accused.

(2.) . Learned advocate Mr. Shaikh appearing for the petitioner has raised contention before this court that in view of the filing of the offence at CR No. 143 of 1999, the petitioner was arrested by the concerned police authority on 10th February, 2000 and since then, he is in jail. He has submitted that in identical case being CR NO. 114 of 1999, in all, Rs.29,04,750.00 have been alleged to have been misappropriated by the petitioner. He has submitted that in connection with the offence registered at CR NO. 114 of 1999, this Court (Coram : Pradeep Kumar Sarkar, J.) has released the petitioner on regular bail in criminal misc. application no. 280 of 2001 by order dated 19th January, 2001 and, therefore, the petitioner is entitled to be released on bail. The next contention raised by Mr. Shaikh has been that one co accused in CR No. 143 of 1999 namely Shri Chandrakant V. Mistry has been released on bail by the Additional Sessions Judge, Bharuch by order dated 17th February, 2000 and, therefore, on the ground of parity, the petitioner is entitled to be released on bail.

(3.) . Reliance has been placed upon the three decisions of the apex court which are as under: