THAKOR CHHATRABHUJBHAI SHINGALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these Criminal Misc. Applications arise from the common judgment and order dated 16-2-2009 passed by the learned Sessions Judge, Rajkot in Criminal Misc. Application no. 1430 of 2002, by the consent of the learned Counsel for the parties, the same are being disposed of by this common order.

(2.) CRIMINAL Misc. Application no. 2652 of 2009 has been preferred by the applicant-original accused- Thakor Chhatrabhujbhai Singhala with a prayer for deletion of the condition to deposit Rs. 21,78,131/- imposed by the learned Sessions Judge while deciding the above referred bail application.

(3.) CRIMINAL Misc. Application no. 4201 of 2009 has been preferred by the Rajkot Commercial Co-operative Bank Ltd (Original complainant) for cancellation of bail granted by the learned Sessions Judge, Rajkot in favour of the accused-Thakor Chhatrabhujbhai Shinghala, the applicant of Criminal Misc. Application no. 2652 of 2009. Brief facts of the case are as under: in pursuance of the FIR being CR no. I-20/2008 registered with 'a" Division Police Station, Rajkot City, for the offence punishable under Sections 408, 409, 467, 471, 120 (B) and 34 of the Indian Penal Code the present applicant- accused came to be arrested on 6-2-2008. It is alleged in the complaint that the present applicant-accused is a Branch Officer and by virtue of his post as such, one key of the strong room of the bank was with the present applicant- accused while another key of the strong room remained with Mr. Ashok Chauhan as he was the Chief Cashier of the bank. On 29-1-2008 during the audit of the main branch as per the register the total cash with the bank was Rs,7,70,75,,597. 89ps, however, on physical verification only Rs. 5,31,00,131. 00ps. was found. On primary inquiry, it was found that the present applicant-accused along with other co-accused has siphoned the amount of Rs. 2 crores and odd, and thereby committed serious offence of misappropriation, and hence, the complaint.