A.S.SUPEHIA,J. - (1.)Heard the learned advocates for the respective parties through video conferencing.
(2.)By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I-28 of 2017 registered with Bayad Police Station, District Aravalli for the offences under Sections 408, 420, 477(A), 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860.
(3.)The case of the prosecution in brief is that the first informant is working as a Peon in District Panchayat since 1992 and is also Chairman of the "Bayad Taluka Panchayat Karamchari ni Dhiran and Grahak Sahkari Mandali" and on 11" April 2017 the first informant was called in the Police Station in pursuance to the application given by him on 9th April 2017 against the Manager and others of their Associates. The first informant is working as a Chairman of the said Mandali since 1st July 2016 along with the other members of the Mandali and the said Mandali is registered under Gujarat Co-Operative Societies Act, 1961 vide Registration No.16553 dated 31st May 1979. The said Cooperative Society works for the benefit of the members as per the rules and regulations laid down by the Government and provides financial and other assistance to the members as and when required and the accused namely Mohan Vithhalbhai Patel works as a Manager of the said Co-operative Society, as he is associated with the said Co-operative Society since long time and before the first informant one person namely Ganpatbhai L. Solanki was serving on the post of first informant and for loans and other financial transaction the account in Sabarkantha District Co. Op. Bank, Bayad Shakha was operated and the Supervisor of the said bank used to inspect the accounts of the said Co-operative Society and therefore the Supervisor namely Jitubhai D. Patel had inspected the accounts from 1st April 2015 to 31st March 2016 and 1stApril 2016 to 31st March 2017, in which, it was found that the accused namely Mohan Vithhalbhai Patel working as the Manager of the said Co-operative Society has embezzled funds to the tune of Rs.1,45,75,220/-. This funds have been embezzled in various different ways as mentioned in detail in the FIR and thereby as per the report of the Bank Supervisor Jitubhai D. Patel the accused namely Mohan Vithhalbhai Patel had not paid up the loan from the bank and used the funds for his personal use and therefore, the first informant along with other members had asked the accused namely Mohan Vithhalbhai Patel, who in his statement in writing has stated that he had used the said funds for his personal use and had assured that he will repay the said amount to the said Cooperative society and thereby, the first informant and others had time and again made him understand to pay the amount back, but, since some days, the accused namely Mohan Vithhalbhai Patel is not being found at his home and the said Co-operative Society is under audit before the District Registrar Modasa and the said embezzlement is found and the records are missing and in the report of Bipinbhai Sankabhai Solanki it is found that the accused namely Mohan Vithhaibhai Patel might have taken assistance of other people as well in the said embezzlement and therefore the said Cooperative Society is defrauded by the Accused and others by misappropriating funds and forging documents and misplacing records. Therefore, subsequently the said FIR came to be filed.