ANWAR VAJARAM @ VAJAJI NAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present successive application, filed under Sec. 439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with offence registered at C.R. No.I-68 of 2009 with Deodar Police Station, District Banaskantha for the offence punishable under Sections 406, 420, 506(2) and 114 of the Indian Penal Code.

(2.) Heard Mr.Tushar Sheth, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor appearing for the respondent- State.

(3.) Mr.Sheth, learned counsel for the applicant, states that this is a successive bail application. Earlier application of the applicant was rejected by this Court by reasoned order. He has further contended that co-accused is released on bail by this Court and therefore, on the ground of parity also, the applicant is required to be released on bail. He has also contended that so far as other offence registered against the applicant in Rajasthan is concerned, the applicant is released on bail in two such cases by the Rajasthan High Court. He has contended that the applicant is behind the bars since last two years and four months. The offence is magistrate triable and punishable for maximum seven years. Mr.Sheth has relied upon order passed by the Supreme Court in case of Jignesh Alias Bansi Lal Navin Chandra Vs. State of Gujarat reported in 2011 (10) SCC 591 and contended that the Apex Court has released the applicant of that case in bail as he has already undergone two years and two months behind the bars. He has further relied upon the judgment delivered by the Apex Court in case of Sanjay Chandra and contended that the Apex Court has observed that bail is right of the accused and it should not be denied. In that matter, huge financial loss caused to the Government, then also the Apex Court has released the applicant on bail. Mr.Sheth has contended that applicant is squarely covered by the judgment of the Apex Court in case of Sanjay Chandra. He has also contended that witnesses are relative of the applicant. The applicant is a poor person and even prima-facie entrustment is also not established. The amount is handed over to main accused Ashok Jadeja and the applicant is not benefited. He has further contended that applicant is in jail since two years and four months, however, except the complainant, not a single witness is examined. It clearly appears that till will not be completed in near future. Even as per the case of the prosecution, the applicant had acted as an agent of Mr.Ashok Jadeja and no monetary benefit is availed by the present applicant. He has further contended that the applicant is permanent resident of village Ladermer and will be available during the trial. The applicant will not jump the bail if he will be released on bail. He, therefore, contended that looking to the overall facts of the case and circumstances, the applicant may kindly be released on bail on any conditions.