PANDYA BHAVNISHKUMAR MULSHANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed by the applicant under Sec. 439 of the Cr.P.C, seeking regular bail in connection with the FIR being C.R. No.11188004200080 of 2020 registered with Dhansura Police Station, Dist: Arvalli for the offences punishable under Sec. 408, 409 , 465, 467, 471 and 120B of the IPC.

(2.) The facts in brief, are that the applicant was earlier serving as Secretary of the Shivpura Group Service Cooperative Society Limited. It is alleged that, the Chairman Arvind Patel and the applicant, being office bearers of the society committed an offence of criminal breach of trust, forgery whereby they have submitted forged documents before the Sabarkantha Cooperative Bank and availed monetary benefits to the tune of Rs.70,19,702.00.

(3.) Mr. M.J. Patel, learned counsel for the applicant would submits that, the alleged act of forgery was being committed during the year 2008 to 2016, for which, the impugned FIR is being lodged on 5/3/2020 and the applicant was arrested on 5/8/2022. It is in this context, it is submitted that, there is inordinate delay in lodging the FIR which creates the doubt on the version of the prosecution case. He would further submits that, since 2009, the society is not functional and therefore, the allegations levelled, do not attract the ingredients of forgery and criminal breach of trust. Referring to the order of the District Registrar, Cooperative Societies, Modasa, he submitted that, since 2016, the management of the society is with the Liquidator and considering the earlier audit, no any irregularity found by the authority concerned.