JAGDISHBHAI RATILAL BABARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present applications under Sec. 439 of the Code of Criminal Procedure, 1973 (for short " CrPC "), the applicant has prayed for regular bail. Criminal Misc. Application No.5122 of 2021 has been filed by the applicant seeking regular bail in connection with FIR being I-CR No.317/2019 registered with Sarthana Police Station for the offences punishable under Ss. 406 and 420 of the Indian Penal Code, 1860 (for short " IPC ") whereas Criminal Misc. Application No.5130 of 2021 has been filed by the applicant seeking regular bail in connection with FIR being I-CR No.12/2019 registered with CID Crime Surat Zone Police Station for the offences punishable under Ss. 406 , 409 , 420 and 120(B) of the IPC and under Sec. 3 of the Gujarat Protection of Interest of Depositors Act, 2003 (for short "GPID Act").

(2.) Initially, on 1/10/2021, the coordinate Bench of this Court vide the following order directed to release the applicant on

(3.) Learned advocate Mr. Bharda has submitted that while the applicant was in jail on account of the efforts made outside, the applicant has convinced the complainants that if some time is available to the applicant he will be able to settle the issue to a large extent, either by proceeding at fast pace the construction of the flat and allotting the same to the complainant or can also make arrangement for repaying the amount that is invested by the complainant and the other victims respectively. Today, he places an affidavit of victims, ten in numbers, to indicate the willingness of the victims to enter into some kind of settlement so that at least their grievances can be resolved.