DINESHKUMAR VASUDEV NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.P.P., Mr.Rawal, waives service for the respondent State.

(2.) This application for bail under section 439 of the Code of Criminal Procedure is filed by the petitioner, who is stated to be in jail since 24.6.2002 pursuant to the offences punishable under sections 408, 409, 470, 471, 477-A read with section 34 of the Indian Penal Code, which were reported by an officer of the Cooperation Department of the State Government. Seven office-bearers of a Cooperative Society were named in the complaint dated 10th March, 1989 which was treated as the F.I.R. The petitioner had, along with another accused person, approached the Sessions Court with an application for bail under section 439 of the Cr.P.C. and that application was rejected by a reasoned order on 03rd July, 2002. Thereafter, another application being Criminal Misc. Application No.284 of 2002 was also filed by the petitioner and that application was also rejected by the learned Additional Sessions Judge on 30th November, 2002.

(3.) It has been noted by the Sessions Court that the petitioners were alleged to have misappropriated the sum of approximately Rs.36 lakhs by fraud and forgery and in fact a judgment and decree is passed against one of the accused persons and that accused person had also admitted his part of the liability even as real repayment is not stated to have been made. It was also noted that an earlier case involving embezzlement of Rs.13 lakhs is also pending against the petitioner and other co-accused. Having regard to the seriousness of the offences and prima facie finding of involvement of the petitioner, the learned Sessions Judge also recorded that the applicant appeared to be a habitual offender.