STATE OF GUJARAT Vs. BABUBHAI SOMABHAI GAMIT

JUDGEMENT

(1.) By filing present Cri. Misc. Applications under section 439(2) of CrPC, the petitioner State has prayed for cancellation of bail granted to the respondents accused by the Court of Sessions i.e. ld. Sessions Judge, Surat vide order dated 01.09.2004 in exercise of powers vested with the Court under section 439 of Criminal Procedure Code in connection with the crime registered with DCB Police Station being I.CR No.52/2004 regarding the bank scam of The Suryapur Co.Op. Bank Ltd., Surat (hereinafter referred to as the Bank).

(2.) It emerges from record that more than one offence has been registered by DCB Police Station, Surat i.e. CR Nos. I.8/2003, I.52/2004 (relevant for present judgment), I.55/2004 and 56/2004 for the offences punishable mainly under sections 406, 408, 409, 418, 420, 34 & 120-B of IPC. Respondents accused were the Directors, persons connected with the management of the Bank and are found, as per the allegations made by the prosecution, responsible as active participants of each resolution passed by the Board of Directors of the Bank in the fictitious names and in granting over-draft facility (OD facility for short) including disbursement of the amounts so sanctioned with ulterior motive. Placing reliance on certain details of bank accounts, operated and adjusted on the strength of OD facility granted for the loans sanctioned in the fictitious names, it is argued that all have under a conspiracy cheated the Bank and its depositors. For the sake of brevity and convenience, I would like to refer to number of crimes registered against the respondents accused and the bail applications granted by the ld. Sessions Judge, Surat and/or by this Court along with date of grant of bail and other details: <FRM>JUDGEMENT_838_TLGJ0_2005Html1.htm</FRM>

(3.) I have heard ld. APP Mr. PR Abichandani for the petitioner State of Gujarat, ld. Counsel Mr. BB Naik for the respondents accused in Cri. Misc. Application No. 8574/2004, ld. Counsel Mr. KB Anandjiwala appearing for respondents accused in Cri. Misc. Application No. 8573/2004, ld. Counsel Mr. BC Dave, appearing for respondents accused in Cri. Misc. Application No.8574/2004, ld. Counsel Mr. Saqueel Qureshi appearing for respondents accused in Cri. Misc. Application No.8575/2004 and ld. Counsel Mr. HR Prajapati appearing for respondents accused in Cri. Misc. Application Nos.8576/2004 and 8577/2004. However, main arguments have been advanced by ld. Counsel Mr. BB Naik for the respondents accused in Cri. Misc. Application No.8572/2004, which arguments have been supplemented by the ld. Counsel appearing for the respondents accused in rest of the Cri. Misc. Applications.