KADARBHAI KASAMBHAI PIRVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is well settled law that more filing of charge sheet is no change in circumstances. In this case, charge sheet was submitted before the court way back in November, 2001 and thereafter his subsequent bail applications were rejected by the Sessions Court as well as this court. However, learned counsel Mr.Anandjiwala for the applicant-accused stated that so far the same is not supplied to the accused along with other papersr therefore, this subsequent bail application is maintainable.

(2.) The submission of Mr.Anandjiwala, learned counsel for the petitioner-accused was that in this case FIR No.1-128/01 was lodged for offences under Sections 406, 407 and 420 read with Section 34 of the IPC against the applicant-accused along with 11 other accused for breach of trust and cheating and misappropriation of only Rs.lO,715/=. He submitted that the accused is in jail since last 4 months and all other accused are on bail, therefore, he should be released on bail, if he is not released on bail, then it would amount to pretrial punishment to him before he is found guilty and convicted by the court.

(3.) It is true that as per FIR there is a misappropriation of Rs.lO,715/=, but the present petitioner was the Managing Director of the bank and in all lakhs of rupees have been misappropriated whereby the poor depositors of the bank were made to suffer.