DEVENDRAPRASAD BHAGWANJI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all these applications are preferred by common applicant - accused with respect to different similar criminal complaint/cases filed against him, they are being heard together and disposed of by this common order.

(2.) ALL these applications are filed by the applicant ? original accused named Devendraprasad Bhagwanji Pandya - the then Managing Director and Chief Executive officer ("CEO" for convenience) of Madhavpura Mercantile Co-operative Bank Limited, under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") for releasing him on bail in connection with the complaints/cases being M.Case Nos.10/05, 7/05, 6/05, 3/05, 2/05 of Gandhinagar Zone Police Station, C.R.Nos.I-42 of 2004 and 8 of 2005, of Gandhinagar Zone Police Station, M.Case Nos.5/05, 4/05, and 8 of 2005 of Gandhinagar Zone Police Station for the offences punishable under various sections of IPC.

(3.) IT is further submitted that present applicant has been granted bail in 57 of the cases by the Court (Coram: M.R.Shah, J.) vide common C.A.V. order dated 8-11-2011 passed in Cri.Misc.Appln.Nos.2145 to 2164 of 2011 with Cri.Misc.Appln.Nos.2166 to 2167 of 2011 with Cri.Misc.Appln.Nos.2167 to 2203 of 2011. IT is submitted that accused has fully cooperated at all times and has with folded hands requested the Courts below to take up the cases and decide the same as early as possible. IT is submitted that in fact the applicant approached this Court by submitting Special Criminal Application No.524/2010 requesting for early disposal of the trials and to conduct trial on day to day basis and within stipulated time. Therefore, it is submitted that when the delay is not attributed to the applicant ? accused at all and he is in judicial custody as under trial prisoner since many years and the trial is not likely to be concluded in near future despite the direction issued by this Court, it is requested to consider the case of the applicant for releasing him on bail on any condition that may be imposed by this Court.