JAYESHGIRI PRAVINGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. N.D. Nanavati with learned Advocate Mr. Ruturaj Nanavati for learned Advocate Mr. Hiren M. Modi on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.

(2.) By way of this application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail in connection with FIR being C.R. No. 11186007210089 of 2021 registered with Talala Police Station, District Gir-Somnath, on 8/3/2021 for offences punishable under Ss. 406, 408, 409, 420, 465, 467, 471, 201 and 34 of the Indian Penal Code.

(3.) Learned Senior Advocate Mr. N.D. Nanavati on behalf of the applicant would submit that the allegation against the applicant is of having received an amount of Rs.1,00,000.00 transferred by the main accused one Shri R.V. Thumar, who later on committed suicide. Learned Senior Advocate would draw the attention of this Court to an order passed by the learned Co-ordinate Bench of this Court dtd. 22/10/2021, whereby the learned Co-ordinate Bench, had been pleased to protect the present applicant on condition that the applicant would deposit the amount of Rs.1,00,000.00 within a period of ten days. Learned Senior Advocate would submit that such amount having been deposited by the present applicant, the interim relief has continued till date. Learned Senior Advocate would further draw the attention of this Court to an order dtd. 10/2/2022 passed by the learned Co-ordinate Bench of this Court in Criminal Misc. Application No. 19667 of 2021 in case of co-accused Kalubhai Sarmanbhai Ram, who was working as a in-charge TDO and whereas the allegation against the said co-accused of having received an amount of Rs.15,00,000.00. Learned Senior Advocate would submit that inter alia on the voluntary statement by the said co-accused to deposit an amount of Rs.15,00,000.00, the learned Co-ordinate Bench had considered the said application and whereas learned Senior Advocate would submit that the role attributed to the present applicant, in terms of the amount received, being much lesser, this Court also may release the present applicant on anticipatory bail on the ground of parity.