STATE OF GUJARAT Vs. DEVENDRA AMBALAL THAKOR

JUDGEMENT

(1.) THIS Criminal Misc. Application for cancellation of bail has been preferred by the State being prosecuting agency. By impugned judgment and order dated 27/11/2012 the Addl. Sessions Judge, Vadodara has released the respondent on bail of Rs. 1,00,000/ - imposing strict conditions with reference to Bodeli Police Station C.R. No. I -75/2009 for the offences punishable under sections, 406, 408, 420, 465, 468 and 114 of the Indian Penal Code [IPC]. The respondent was, at the relevant time, Vice President of Sardar Cooperative Sugar Industries Ltd., Ladhod. As per the FIR, he has played role in misappropriating an amount of more than Rs. 8 crore and acted in collusion with other accused, during the years 2005 to 2007. It is alleged in the FIR that the petitioner has issued forged vouchers and credited false documents for illegal payment from the cooperative society either as an expenditure or as payment to members of the society.

(2.) WHEN such misappropriation was found by the Auditor, a complaint was registered in the year 2009.

(3.) ON perusal of record, it seems that initially by an order dated 25/2/2010 the petitioner was released on bail of Rs. 25,000/ - and when such order was challenged before this Court in Criminal Misc. Application, this Court has remanded the matter back to the Sessions Court for consideration of bail application afresh. Thereafter, such Criminal Misc. Application No. 279/2010 has been decided afresh and impugned order was passed.