Gujarat High Court
Afroz Mohamed Hasan Fatta vs State Of Gujarat on 8 March, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/5897/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
5897 of 2016
In CRIMINAL MISC.APPLICATION NO. 2191 of 2015
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AFROZ MOHAMED HASAN FATTA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR CHETAN K PANDYA, ADVOCATE for the Applicant(s) No. 1
MR RUTVIJ OZA, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/03/2016
ORAL ORDER
1. By this application, the applicant has prayed for the following reliefs: "17(a) To delete condition No.19(d) imposed by this Court by an order dated 05/03/2015 passed in Criminal Misc. Application No.2191 of 2015 at AnnexureA on such terms and conditions as may be deemed fit and proper to this Court.
(b) Pending admission, final hearing and disposal of this petition, to stay operation and implementation of No.19(d) imposed by this Court by an order dated 05/03/2015 passed in Criminal Misc. Application No.2191 of 2015 and permit the applicant to go Mumbai & Delhi on such terms and conditions as may be deemed fit and proper to this Court.
(c) To pass any other and further orders as may be deemed fit and proper."
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R/CR.MA/5897/2016 ORDER
2. On 29th January, 2016 in an application for modification of order being Criminal Misc. Application No.497 of 2016 filed in Criminal Misc. Application No.2191 of 2015, this Court passed the following order: "1. By this application, the applicantoriginal accused no.1 has prayed for the following reliefs: 14(a) To delete condition No.19(d) imposed by this Hon'ble Court by an order dated 05/03/2015 passed in Criminal Miscellaneous Application No.2191 of 2015 at AnnexureA on such terms and conditions as may be deemed fit and proper to this Hon'ble Court.
(b) Pending admission, final hearing and disposal of this petition, to stay operation and implementation of No.19(d) imposed by this Hon'ble Court by an order dated 05/03/2015 passed in Criminal Miscellaneous Application No.2191 of 2015 and permit the applicant to go Mumbai on such terms and conditions as may be deemed fit and proper to this Hon'ble Court.
(c) To pass any other and further orders as may be deemed fit and proper.
2. This Court ordered release of the applicant on bail subject to certain terms and conditions. One of those is that, 'he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned'. It is prayed that the condition No.19(d) imposed by this Court may either be deleted or the operation of the same be suspended for a particular period of time.
3. It appears that although the applicant was ordered to be released on bail by this Court in connection with the C.R. No.I16 of 2014 registered with the DCB Police Station, Surat, he could not take the advantage of the same because there is one another prosecution against him under the Prevention of Money Laundering Act, 2002. It also appears that in connection with the prosecution for the offence under the Prevention of Money Laundering Act, the applicant preferred an application for temporary bail being Criminal Misc. Application No.20824 of 2015. This Court vide order dated 3rd November, 2015, ordered the release of the applicant on temporary bail subject to the following conditions: [a] The applicant shall be released on temporary bail for a period of two weeks from the date of his actual release on executing a bond of Rs.1,00,000 [Rupees One Lac Only] with two local sureties of Rs.50,000/ each with police escort to be provided by the Police Authority at the cost of the applicant subject to the condition that he shall:
Page 2 of 4HC-NIC Page 2 of 4 Created On Thu Mar 10 01:31:19 IST 2016 R/CR.MA/5897/2016 ORDER [b] Not take undue advantages of liberty and misuse liberty; [c] Not act in a manner injuries to the interest of the prosecution; [d] Shall deposit passport of his wife and children, if any, before this Court.
[e] Shall not hamper or tamper with the prosecution evidence and / or any witness of prosecution.
[f] The applicant shall surrender himself before the Jail Authority on expiry of temporary bail, without fail.
[g] If the applicant is found to have breached any of the conditions, his temporary bail shall stands automatically cancelled.
4. The matter was carried to the Supreme Court. I am told that the Supreme Court has passed an order that the applicant shall continue to remain on interim bail upto the next date of listing i.e. 8th March, 2016. It is clarified that on 08.03.2016, the matter will be registered before the Registrar and after completion of the pleadings, the same will be notified before the Hon'ble Bench.
5. Be that as it may, it is not in dispute that the applicant has been ordered to be released on interim bail in the prosecution so far as the Prevention of Money Laundering Act is concerned. But, what is coming in his way is the condition imposed by this Court referred to above. I am told that the wife is taking treatment at the Saifee Hospital, situated at Charni Road, Mumbai.
6. Mr. Patel, the learned APP has opposed this application submitting that important witnesses are stationed at Mumbai and if the applicant is permitted to leave Gujarat, he may try to meet with those witnesses which may be prejudicial to the prosecution.
7. The apprehension expressed by Mr. Patel may not be termed as completely misplaced, but at the same time, it can be taken care of. It appears that in the order passed by this Court releasing the applicant on temporary bail, it is already observed that the release shall be with police escort to be provided by the Police Authority at the cost of the applicant.
8. If that be so, then the escort can be instructed that they shall ensure that the applicant does not meet any person in Mumbai other than the hospital authorities.
9. I propose to pass the following order: Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Mar 10 01:31:19 IST 2016 R/CR.MA/5897/2016 ORDER
(a) The condition imposed by this Court No.19(d) vide order dated 5th March, 2015 is temporarily suspended from its operation for a period upto 10th of March, 2016.
(b) Before leaving the State of Gujarat, the applicant shall furnish the complete details about his place of visit at Mumbai or any other place to the DCB Police Station, Surat, well in advance.
(c) He shall also furnish the details of the place, he would be visiting in Mumbai other than the hospital, where his wife is taking treatment.
(d) The Police Officials escorting the applicant, shall see to it that the applicant does not come in contact with any of the prosecution witnesses.
(e) No sooner he returns to Surat, he shall inform about the same to the DCB Police Station, Surat.
(f) If the wife is to undergo surgery, etc., then he shall inform about the same to the DCB Police Station, Surat, well in advance.
(g) The applicant shall not tamper with the prosecutionwitnesses.
10. With the above, this application is disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted."
3. Having regard to the prayer made in the application and after hearing the learned counsel appearing for the parties, the operation of the condition No.19(d) imposed by this Court vide order dated 5th March 2015, which was earlier temporarily suspended upto 10th March, 2016, shall remain under suspension from its operation till the disposal of the Special Leave Petition (Criminal) No.9528 of 2015, which is pending before the Supreme Court.
4. With the above, this application is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Mar 10 01:31:19 IST 2016