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         IN THE SUPREME COURT OF INDIA

        CRIMINAL APPELLATE JURISDICTION

        CRIMINAL APPEAL NO. 901 OF 2008        (Arising out of S.L.P. (Crl.) No. 852 of 2008)

Sureshchandra Ramanlal                      ... Appellant

                          Versus

State of Gujarat and another                ... Respondents

                     JUDGMENT

J.M. PANCHAL, J.

    Leave granted.

2.   The instant appeal is directed against judgment

    dated August 10, 2007 rendered by the learned

    single   Judge   of   High     Court   of   Gujarat    at

    Ahmedabad in Criminal Miscellaneous Application

    No. 6590 of 2007 by which the prayer made by the

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                                                                2      appellant to enlarge him on anticipatory bail with

    reference    to    Crime     Case   No.    1681        of   2002,

    registered     with    Navrangpura         Police       Station,

    Ahmedabad, for alleged commission of offences

    punishable under Sections 406, 409, 420, 439,

    471, 473(a) and 120B of IPC read with Section 46 of

    the Banking Regulation Act, is refused.

3.   The record shows that in the year 2002 an FIR was

    lodged against the appellant and 13 other co-

    accused      for   alleged     commission         of    offences

    punishable under Sections 406, 409, 420, 439,

    471, 473(a), 120B of IPC and Section 46 of the

    Banking      Regulation      Act.    The    appellant        had

    approached the High Court for anticipatory bail but

    the same was disposed of as withdrawn by an order

    dated January 22, 2004.             The appellant again

    preferred     another        application    for        obtaining

    anticipatory bail. The High Court rejected the same

    on the ground that though the previous application

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                                                     3      for anticipatory bail was disposed of on January 22,

    2004, the appellant had neither surrendered before

    the Investigating Officer nor extended cooperation

    in the investigation, as a result of which the

    investigating   agency   had   initiated   proceedings

    against the appellant under Section 70 and 82 of

    the Code of Criminal Procedure, 1973. According to

    the High Court the appellant had no regard for law

    and, therefore, his prayer for anticipatory bail was

    liable to be rejected though he had pleaded his

    illness. In that view of the matter, the High Court

    has rejected the application for anticipatory bail

    giving rise to the instant appeal.

4.   This Court has heard the learned counsel for the

    parties and considered the documents forming part

    of the instant appeal.    The appellant has pleaded

    that as he is aged about 75 years and suffering

    from various ailments, the anticipatory bail should

    be granted to him.

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                                                     4 5.   During the course of hearing of the instant appeal

    the State was directed to submit a report on the

    health of the appellant. Accordingly the State has

    submitted report dated May 10, 2008 submitted by

    Dr.   V.K.   Gautam    (MS   Ortho),   Department    of

    Orthopedic Surgery, B.J. Medical College, Civil

    Hospital,    Asarwa,   Ahmedabad,      relating to the

    health of the appellant. As per the said report the

    appellant is diagnosed case of Lumbar Canal

    Stenosis with severe Lumber Sodalities of L2-3-4

    and L5S1.      According to the said report he has

    severe Osteoarthritis below knee and deformities at

    knee. The report further states that the appellant

    has sustained fracture of ankle for which he has

    been operated and metal implants are found in his

    body. The report shows that the appellant is known

    heavy diabetic on oral anti-diabetic drugs and has

    hypoesthesia below D12-L1 and Anesthesia below

    L-3 due to Lumber Canal stenosis and diabetic

    neuropathy.    What is relevant to notice is that as

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                                                    5      per the said report the appellant is severely obese

    weighing 120 kgs. and he is not able to do his

    activities of daily living without at least two

    assistants. It is also mentioned in the report that

    he   is   absolutely   bedridden   due    to   severe

    osteoarthritis below knee, Lumber Canal Stenosis,

    Osteoporosis, diabetic and obesity and that he

    needs special toilet and bathroom. It is highlighted

    in the said report that he has danger of having

    bedsores,   pressure    sores   without   specialized

    treatment and if left untreated, the diseases may

    lead to his death.      According to Dr. Gautam,

    prognosis is not going to improve further due to

    increasing age and servile changes.

6.   The record would indicate that there are as many as

    49 accused, who were arrested and each one of

    them has already been enlarged on bail.          The

    chairman, vice-chairman, managing director, 11

    other directors, two general managers, accountant

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                                                      6      and as many as 30 loanees of the bank have been

    enlarged on bail.    The appellant, at the relevant

    time, was ex-vice chairman of the Bank and he had

    resigned in the year 1999 due to his deteriorating

    health.

7.   On the facts and in the circumstances of the case

    and, more particularly, having regard to the health

    of the appellant, this Court is of the opinion that

    interest of justice would be served if the appellant is

    enlarged on anticipatory bail subject to certain

    conditions.

8.   For the foregoing reasons, the appeal succeeds.

    The appellant is enlarged on anticipatory bail with

    reference to Crime Case No. 1681 of 2002 registered

    with Navrangpura Police Station at Ahmedabad for

    the   commission    of   offences   punishable   under

    Sections 406, 409, 420, 439, 471, 473(a), 120B of

    IPC and Section 46 of the Banking Regulation Act

    on his depositing a sum of Rs.40 lacs with the

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                                                       7      respondent No. 2, i.e., Sabarmati Cooperative Bank

    (in liquidation). It would be open to the appellant to

    deposit the abovementioned amount in four equal

    monthly   instalments   first   of    which   would    be

    deposited by May 23, 2008.           The appellant shall

    make himself available for interrogation by police

    officer as and when required. The appellant shall

    not, directly or indirectly, make any inducement,

    threat or promise to any person acquainted with the

    facts of the case so as to dissuade him from

    disclosing such facts to the court or to any police

    officer. The appellant shall not leave India without

    the previous permission of the High Court.

9.   If the appellant is arrested without warrant by an

    officer in charge of Navrangpura Police Station and

    is prepared to give bail he shall be released on bail

    in the sum of Rs.50,000/- with like surety for the

    same amount. It would, thereafter, be open to the

    appellant to apply for regular bail under Section

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                                                           8       439 of the Code of Criminal Procedure and the

     court hearing such an application shall decide the

     same on merits without being influenced by the fact

     that this Court has granted anticipatory bail to the

     appellant.

10.   The appeal is allowed to the extent indicated

     hereinabove.

                                  ..............................J.                                       [Tarun Chatterjee]

                                  ..............................J.                                       [J.M. Panchal] New Delhi; May 15, 2008.