ORDER : 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-9 of 2017 registered with Diyodar Police Station, Banaskantha for offence under Sections 406, 409, 420 and 114 of the Indian Penal Code and Section 3 of the GPID Act. 2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned PP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned PP has opposed this application and pointed out from the investigating papers that the applicant has purchased the property either in his name or in the name of his relatives or friends from the alleged amount of misappropriation. For the said properties which are situated in Rajasthan, the investigating officer has informed the Office of Enforcement Directorate for attachment of the said properties. 4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 6. This Court has also considered the aspects that; (i) the applicant is in jail since 23.8.2017; (ii) the investigation is concluded and charge-sheet is filed; (iii) learned advocate Mr. J.R. Dave appearing for the applicant has submitted that while rejecting the application filed by the applicant, the concerned Sessions Court has observed in paragraph 8 as under: “Secondly, the offence punishable u/s 406 and 420 of IPC may not be applicable at a time but the offence punishable u/s 406 and 420 of IPC are punishable with imprisonment upto 7 years and the offence punishable u/s 3 of GPID Act is also punishable with imprisonment of 6 years. The submission and contentions of the Ld.Advocate for the applicant-accused that the alleged act of the applicant-accused may not come within the definition of the offence punishable u/s 409 of IPC has some substances. The submission and contentions of the Ld.Advocate for the applicant-accused that the alleged act of the applicant-accused may not come within the definition of the offence punishable u/s 409 of IPC has some substances. Considering the aforesaid facts and circumstances and punishment prescribed in the offence punishable u/s 406 and 420 of IPC and Sec.3 of GPID Act, I am of the opinion that the discretionary jurisdiction vested in this Court as per the provisions of Sec.439 of Cr.P.C. should not be exercised in favour of the applicant-accused.” Learned advocate for the applicant has thereafter referred to the order dated 11.12.2018 passed by the concerned Magistrate Court at Sirohi, Rajasthan and contended that similar type of FIR was registered against the applicant before the Sirohi police station at Rajasthan for the alleged offences punishable under Sections 420, 406, 409 and 120B of the IPC, however, the concerned Magistrate Court at Sirohi has acquitted the applicant in the said case. It is further submitted that the co-accused against whom similar type of allegations are levelled have been enlarged on bail by the concerned Sessions Court; (iii) the case is triable by the Special Court and the maximum punishment prescribed for the alleged offences is seven years; (iv) the applicant is in jail since more than two years; (v) it is always open for the investigating agency to act in accordance with law for the attachment of the properties of the applicant; in the facts and circumstances of the present case, this application is allowed. 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40. 8. Hence, the present application is allowed. 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40. 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-9 of 2017 registered with Diyodar Police Station, Banaskantha on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 11. Rule is made absolute to the aforesaid extent. Direct service is permitted.