- (1.) HEARD . This application has been preferred by the applicant under Section 439 of Cr.P.C. for bail as he is in custody in connection with Crime No. 61/2001 registered at Police Station Gharghoda, for the offences punishable under Sections 409, 471, 420 and 109 of the IPC. The case of the prosecution is that the applicant was the salesman at the relevant time in Adim Jati Sewa Sahkari Samiti, Gharghoda between 30/ 04/1998 to 06/03/1999 when he was entrusted with the material valued at Rs. 2,72,850/- for the purpose of sale. However he misappropriated stocks worth Rs. 1,21,999/- in the meanwhile which was pointed out in the audit report and on the basis of the said audit report FIR was lodged on 30-5-2001 as also against Ram Dhan, Manager of the Society at the relevant time and after investigation charge sheet was filed on 25-12-2003 showing the present applicant absconding.
(2.) LEARNED counsel for the applicant submits that there is no evidence available in the charge sheet to show that the stocks in question were entrusted to him for sale and in the absence of entrustment the offence as aforesaid could not be registered against the present applicant. He further submits that he was a salesman who was performing his duties as per directions of the Manager and he continued to perform his duties up to 05-04-2005 on the date when he surrendered of his own before the trial Court and at no point of time he was absconding as alleged. He further submits that the Manager of the Society has already been enlarged on bail against whom also similar allegations are there in the charge sheet. On the other hand learned counsel for the State opposes the bail application and submits that the charge against present applicant is of misappropriation whereas the charge against the Manager is of only dereliction of the duty in the matters of supervision. He further submits that the applicant was absconding for a long period and therefore he could not be extended the facility of bail however he admits that there is no Farari Panchnama available in the diary to show that the applicant was absconding. Taking into consideration the facts and circumstances of the case and further considering that the Manager of the Society has already been enlarged on bail I consider present to be a fit case where the applicant should be extended the facility of bail. Accordingly the application is allowed and it is directed that in the event of applicant namely, Virendra Bahidar executing a bond in the sum of Rs. 25,000/- with sureties of the like sum to the satisfaction of the trial Court, he shall be released on bail. Parties are entitled for certified copy of the order. Application Allowed.;